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PUBLIC HEALTH LAWS 
OF HAWAII 




COMPILED AND ANNOTATED BY 

E. A. MOTT-SMITH 

HONOLULU, JANUARY 1, 1912. 



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PUBLIC HEALTH LAWS 
OF HAWAII -~) u~ ; 




COMPILED AND ANNOTATED BY 

E. A. MOTT-SMITH 

HONOLULU,' JANUARY 1, 1912. 



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This compilation contains the statute law of the Territory as it now 
stands relating to public health, not only the health laws administered 
by the Territorial board of health, but the health laws administered 
by the board of commissioners of agriculture and forestry, the depart- 
ment of public works, the city and county and the several counties. 
The compilation is intended primarily for the use of health officers. 
Hence the notes have been made full, stating the source of the law, and 
including as many cross references as practicable, as well as refer- 
ences to decision of the Territorial supreme court to volume 20 page 
720. 

The following abbreviations have been used: 

R. L. Revised Laws of Hawaii, 1905. 

Org. Act. Organic Act of Hawaii. 

S. L. Session Laws. 

Sec. Section. 

Chap. Chapter. 

par. paragraph. 

E. A. MOTT-SMITH. 
Honolulu, January 1, 1912. 

iW 1912 



TABLE OF CONTENTS. 



ORGANIZATION. Sections. 

laws creating the territorial board of health 1- 7 

powers of the board 8- 11 

SANITATION. 

regulations 12- 15 

abatement of nuisances 16- 23 

sanitary condition of land 24- 35 

sanitary condition of buildings 36- 40 

lodging and tenement houses 41- 45 

steam laundries 46- 48 

laundry dyeing or cleaning works 49 

public laundries 50- 54 

dumping rubbish : dead animals 55- 56 

diseases of animals 57- 73 

slaughter houses 74 

cemeteries 75- 77 

disinterment of human bodies 78 

sewerage 79- 84 

DISEASES. 

infectious diseases 85- 93 

vaccination 94-104 

tuberculosis 105-121 

leprosy 122-150 

acquisition of land: leprosy 151-160 

county of Kalawao: leprosy 161-166 

FOODS, DRUGS AND POISONS. 

adulterated foods and drugs 167-177 

manufacture compounding preparation food products 178-181 

manufacture of poi for sale . 182-185 

milk 186-187 

oleomargarine 188-189 

unwholesome food: gross cheat 190-193 

intoxicating liquor: adulteration 194-200 

opium 201-203 

poisons 204-209 

3 



INSTITUTIONS. 

hospitals 210-216 

insane asylum 217-237 

BIRTHS, DEATHS AND MARRIAGES. 

vital statistics 238-257 

PRACTICE ACTS. 

medicine and surgery 258-269 

dentistry 270-286 

pharmacy 287-302 

veterinary practice 303-310 

MISCELLANEOUS. 

barbers 311-312 

miscellaneous laws 313-331 

prostitution 332-339 

county and city and county powers in health matters 340-351 



LAWS CREATING THE TERRITORIAL BOARD OF 

HEALTH. 

Sec. 1. THE BOARD OF HEALTH. The governor shall nominate 
and, by and with the advice and consent of the senate of the Terri- 
tory of Hawaii, appoint the members of the board of health; and 
he may make such appointments when the senate is not in session by 
granting commissions, which shall, unless such appointments are con- 
firmed, expire at the end of the next session of the senate. He may, 
by and with the advice and consent of the senate of the Territory of 
Hawaii, remove from office any of such officers. All officers appointed 
under the provisions of this section shall be citizens of the Territory 
of Hawaii. (Org. Act, Sec. 80.) 

Sec. 2. MEMBERS; ORGANIZATION. There shall be a board of 
health for the Territory of Hawaii consisting of seven members, four 
of whom shall be laymen, two physicians, and the attorney general, 
ex-officio. The members of the said board shall be appointed by the 
governor, who shall also appoint the president, with the advice and 
consent of the senate of the Territory of Hawaii, shall be commission- 
ed for two years, and shall hold office until their successors are ap- 
pointed and qualified, unless sooner removed. All of the members 
of the said board shall serve without pay, except the president, whose 
salary shall be provided by the legislature. The president of the 
board shall preside at the meetings of the board, and in case of his 
absence, any member of the board may be chosen to preside over the 
meetings of the board. The board shall appoint its secretary, agents 
and physicians, who shall receive such compensation for their services 
as shall be provided by the legislature. (R. L. Sec. 988, as amended 
by Org. Act. Sec. 80.) 

Sec. 3. AGENTS. Said board of health may appoint suitable agents 
in such localities as it may deem necessary, to carry into effect all 



Note to Sec. 1. 

The governor cannot suspend an officer so appointed; In re Austin, 
15 H. 114., though he may, by and with the consent of the senate, re- 
move such officer under this section. 
Note to Sec. 2. 

President to give bond and officers and employees may be required 
to give bond, see Sees. 313, 315 (Act 100, S. L. 1905, as amended by Act 
114, S. L. 1907 and Act 17, S. L. 1909); Officers and employees must be 
American citizens, Sec. 316 (Act 32, S. L. 1909); Acting President, Sec. 
314 (Act. 21, S. L. 1909); Attorney-general to assist on points of law 
R. L. Sees. 1548, and 1549. 



regulations for the public health; and it shall hold such agents ac- 
countable for all moneys received and disbursed by them, on account 
of the public health, and also for the manner in which they may dis- 
charge their several duties. (R. L. Sec. 990.) 

Sec. 4. IMPERSONATING INSPECTOR. Whoever falsely assumes 
to be a sanitary inspector or agent of the board of health or other 
officer or employee of the government and takes upon himself to act 
as such, shall be punished by imprisonment for not more than one 
year or by fine not exceeding one hundred dollars. (R. L. Sec. 3029, 
as amended by Act 29, S. L. 1905.) 

Sec. 5. ACCOUNTS. For the purpose of carrying into effect the 



JVote to Sec. 3. 

Impersonating inspector, Sec. 4, (R. L. Sec. 3029, as amended by Act 
29, S. L. 1905); Agents must be American citizens, Sec. 316, (Act 32, S. L. 
1909); may be required to give bond, Sec. 315, (Act 100, S. L. 1905, as 
amended by Act 114, S. L. 1907, and Act 17, S. L. 1909); office hours, Sec. 
317, (Joint Res. No. 3. S. L. 1909); seize amaama in closed season, Sec. 
320, (Sec. 3. Act 110, S. L. 1911); examine into nuisances, sources of 
filth, etc., and order abatement thereof, both on public and private prop- 
erty, Sees. 16-19. (R. L. Sees. 994-997, as amended by Act 111, S. L. 
1911); repair, air space, sanitary condition, and entry of lodging houses, 
etc., Sees. 36-38 (R. L. Sees. 1020-1022); certificate and inspection lodg- 
ing, tenement houses, etc., Sees. 41-45, (R. L. Sees. 1382-1386, as amended 
by Act 151, S. L. 1909); steam laundries, Sees. 46-48 (R. L. Sec. 1375, as 
amended by Act 151, S. L. 1909 and R. L. Sees, 1376 and 1378); cleaning 
and dyeing works, Sec. 49, (R. L. Sec. 1418 I, as enacted by Act 96, S. L. 
1907, amended by Act 151, S. L. 1909); laundries, Sees. 50-52, (R. L. Sees. 
1063-1065 and R. L. 1066, as amended by Act 111, S. L. 1907 and R. L. 
1067, (this law in the absence of any building erected by the superin- 
tendent of public works being practically in-operative); slaughter- 
houses, Sec. 74, (R. L. Sec. 1003); cemeteries, Sec. 77, (R. L. Sec. 1170); 
disinterments, Sec. 78, (R. L. Sec. 3196, as amended by Act 26, S. L. 1909); 
reports of infectious and contagious diseases to be made to board of 
health agents, Sec. 86, (R. L. Sec. 1005, as amended by Sec. 2. Act 125, 
S. L. 1911); quarantine, Sec. 88, (R. L. Sec. 1006, as amended by Sec. 4. 
Act 125, S. L. 1911); reports of tuberculosis cases to be made to board 
of health agents, Sec. Ill, (Sec. 7. Act 118, S. L. 1911); disinfection 
premises of tuberculosis cases, Sees. 114, 115, (Sees. 10, 11, Act 118, S. L. 
1911); preventing carelessness of persons having tuberculosis, Sec. 116, 
(Sec. 12, Act 118, S. L. 1911); physician to report recovery of tuberculosis 
patient to agent board of health, Sec. 119, (Sec. 15, Act 118, S. L. 1911); 
reports of leprosy cases to be made to board of health agents, Sec. 128, 
(Sec. 3. Act 81, S. L. 1909); service of notice in leprosy cases, Sec. 129, 
(Sec. 4. Act 81, S. L. 1909); concealing lepers, Sec. 138, (R. L. Sec. 1123); 
manufacture food stuffs, Sees. 178, 179 (Sees. 1, 2, Act 117, S. L. 1911); 
manufacture poi, Sees. 182-185, (Sees. 1-4, Act 101, S. L. 1911); milk 
inspection, Sec. 187, (R. L. Sec. 1389); record of poisons, Sees. 205, 208, 
(R. L. 1052, 1055); barbers, Sees. 311, 312, (Act 70, S. L. 1907); County 
and city and county health inspectors same powers as agents of Terri- 
torial board of health, Sees. 340, 343, (Chap. 14, Sec. 62, par. 5, Act 39, 
S. L. 1905, amended by Act 64, S. L. 1907 and Act 98, S. L. 1909; also 
Chap. 5, Sec. 23, par. 1. Act 118, S. L. 1907, as amended by Act 99, 
S. L. 1909.) 



laws relating to the public health, the board of health is invested with 
full power to apportion and disburse all sums of money that shall 
be appropriated by the legislature for the preservation of the public 
health. The said board shall observe the strictest economy in the 
expenditure of all public moneys placed under its control. (R. L. Sec. 
989.) 

Sec. 6. LEPROSY ACCOUNTS SEPARATE. The board of health 
while keeping an accurate and detailed account of all sums of money 
expended by them out of any appropriations which may be made by 
the legislature, shall keep the account of sums expended for leprosy 
distinct from the general account. And the said board shall report 
to the legislature at each of its regular sessions, the said expendi- 
tures in detail, together with such information regarding the disease 
of leprosy, as well as the public health generally, as it may deem to 
be of interest to the public. (R. L. Sec. 1130.) 

Sec. 7. RECORD OF PROCEEDINGS: WEEKLY REPORTS 
DURING EPIDEMICS. The board of health shall keep a regular rec- 
ord of its proceedings. Said board shall also, during the prevalence 
of any severe pestilence, or epidemic, publish a weekly report of the 
public health. (R. L. Sec. 988.) 

POWERS OF THE BOARD. 

Sec. 8. GENERAL PROVISION. The board shall have the general 
charge, oversight and care of the health and lives of the people of 
the Territory. It shall have authority in matters of quarantine and 
other health matters and may declare and enforce quarantine when 
none exists and modify or release quarantine when it is established. 
It shall be the duty of all county and city and county health author- 
ities, sheriffs and police officers, and all other officers and employees 
of the Territory, and every county or city and county thereof, to en- 



Note to Sec. 6. 

For advertisement for tenders, Sec. 323, (Act 62, S. L. 1909 as amended 
by Act 72, S. L. 1911); inventory government property, Sec. 330, (Act 77, 
S. L. 1909); government contracts, Sees. 324-329, (Act 62, S. L. 1909); 
leprosy accounts separate, Sec. 6, (R. L. Sec. 1130); copy contracts to be 
filed with auditor. R. L. Sec. 1530; realizations Kohala hospital, Sec. 215, 
(Act 36, S. L. 1907). 
Note to Sec. 7. 

No statutory provision as to how minutes should be kept. Regularity 
of record of minutes sustained; Ahann vs. Insurance Co., 15 H. 638, 639. 



force the rules and regulations of the board of health. Such powers 
in health matters as have been or may be conferred upon any county 
or city and county, shall be concurrent with those of the board of 
health. It shall make, through its president, an annual report to the 
governor, showing in detail all its expenditures and transactions, and 
such other information regarding the public health as it may deem 
of special interest. (R. L. Sec. 988 as amended by Act 132, S. L. 1911.) 

Sec. 9. HEALTH LAWS. The health laws of the government of 
Hawaii relating to the harbor of Honolulu and other harbors and In- 
lets from the sea and to the internal control of the health of the 
islands shall remain in the jurisdiction of the government of the 
Territory of Hawaii, subject to the quarantine laws and regulations 
of the United States. (Org. Act Sec. 97, Par. 2.) 

Sec. 10. MUNICIPAL AND COUNTY LICENSES AND PERMITS; 
CERTIFICATE OF APPROVAL. No permit or license shall be issued 
by any county or city and county officer for the erection, maintenance, 
use or operation of any building for which a permit or license may 
be issued by such county or city and county officer under the pro- 
visions of act 97 of the session laws of 1911, or under the provisions 



Note to Sec. 8. 

Under old statute officer of board had no authority to direct a school 
teacher to cut the hair of a pupil; Kanula vs. Austin, 8 H. 54. On quar- 
antine and removal of persons affected "with contagious disease see 
Sees. 89, 90 (R. L. Sec. 1006, as amended by Sec. 4. Act 125. S. L. 1911, 
and R. L. Sec. 1007). For territorial quarantine laws as to vessels and 
contagious diseases see Sees. 87-91 and 94, (R. L. Sees. 1005, 1008, 542- 
544). For foot-binding see R. L. Sees. 2919, 2920: cruelty to children Act 
21, S. L. 1907: abortion, R. L. Sees, 3165-3167; disorderly house, R. L. Sees. 
3168-3171: artesian wells, R. L. Sees. 3197-3200: vagrants, prostitutes, 
R. L. Sec. 3195; approval or cancellation of county' or city and county 
licenses, Sees. 10, 11, (R. L. Sec. 992A, as enacted by Sec. 3, Act 132, 
S. L. 1911): see also note to Sees. 3 and 10. See Gibson vs. Steamer 
Madras, 5 H. 109. 
Note to Sec. 9. 

"Quarantine regulations" in the first paragraph, (here omitted), of this 
Sec, refer to P. L., Sees. 886-906, which were expressly repealed by 
Org. Act, Sec. 7, § 2. See Sees. 87, 91-94, (R. L. Sees. 1005, 1008, 542-544) 
on duties of masters and pilots when contagious disease on board vessels 
as law continued in force subject to the quarantine laws and regula- 
tions of the United States. See also Sec. 8, (R. L. Sec. 988 as amended 
by Act 132, S. L. 1911) as to powers of the board of health in regard 
to quarantine. Under regulations of United States Public Health and 
Marine Hospital Service the following are quarantinable diseases, 
cholera, yellow fever, small pox, typhus fever, leprosy and plague. 
See Sec. 88, (R. L. Sec. 1005A as enacted by Sec. 3, Act 125, S. L,. 1911). 
"Subject to the quarantine laws and regulations of the United States" 
apparently means in so far as those laws are applicable or applied. 
The territorial quarantine laws are otherwise applicable. 

8 



of any ordinance made in pursuance of said act, nor for the erection, 
maintenance, use or operation of any bakery, laundry, poi shop, abat- 
toir, stable, fish, meat or vegetable store or market, hotel, tenement, 
lodging house or any place or building where noisome and noxious 
trades or manufactures are carried on, or intended to be carried on, 
for which a permit or license may be issued by such county or city 
and county officer, except upon a certificate of the board of health, 
setting forth that an agent of said board has examined the place at 
which it is proposed to erect or move said building, or to erect, main- 
tain, use or operate said building, bakery, laundry, poi shop, abattoir, 
stable, fish, meat or vegetable store or market, hotel, tenement, lodg- 
ing house, or place or building where noisome or noxious trades or 
manufactures are carried on, or intended to be carried on, and that 
such place or building is in a fit and sanitary condition, and suitable 
for the purpose for which it is intended. (R. L. Sec. 992A, as enacted 
by Sec. 3, Act 132, S. L. 1911.) 



Note to Sec. 10. 

Act 97, S. L. 1911, amending Sec. 23, Act. 118, S. L. 1907, relates to 
the powers of the supervisors of the City and County of Honolulu to 
regulate erection of building - , etc. Prior to July 1, 1911, the date of the 
taking effect of Act 73, S. L. 1911, which repealed R. L. Chap. 73, this 
power was exercised by the superintendent of public works. By error, 
apparently, Act 93, S. L. 1911, which give similar powers to supervisors 
of counties as was given by Act 97 to the supervisors of the City and 
County of Honolulu, was not also included in this section. Hence the 
treasurers of counties may issue "building permits," without the re- 
quirement of a certificate of an agent of the board of health, for all 
classes of buildings or occupations not specifically enumerated in the 
foregoing section or included in other laws; but the treasurer of the 
City and County of Honolulu, before issuing a license, must first receive 
such certificate, not only as to the class of buildings or occupations 
specifically enumerated in this section, but as to the class of buildings 
embraced under Act 97, S. L. 1911, and specifically included in other laws. 

In the absence of statutory provision making such certificate a pre- 
requisite, the board of health has no authority, to prevent the issuance 
of permits for buildings; In re Akwai, 13 H. 239, 240. Such statutory 
provision has now been made as above noted, and has existed in regard 
to certain specific occupations, buildings and premises covered by other 
laws. 

Under such other laws licenses cannot be issued by treasurers of 
counties nor by the treasurer of the City and County without a certifi- 
cate of an agent of the board of health in the following cases; lodging 
and tenement houses, Sees. 41-45, (R. L. Sees. 1382-1385, as amended by 
Act 151, S. L. 1909); steam laundries, Sees. 46-48, (R. L. Sec. 1375, as 
amended by Act 151, S. L. 1909 and R. L. Sees. 1376 and 1378); cleaning 
and dyeing works, Sec. 49, (R. L. Sec. 1418 I, as enacted by Act 96, S. L. 
1907, amended by Act 151, S. L. 1909); slaughter houses, Sec. 74, (R. L. 
Sec. 1003); manufacture food stuffs, Sees. 178, 179, (Sees. 1, 2, Act 17, 
S. L. 1911); manufacture poi, Sees. 182-185, (Sees. 1-4, S. L. 1911); bar- 



Sec. 11. MUNICIPAL AND COUNTY LICENSES AND PERMITS; 
CANCELLATION. The board of health is hereby authorized to direct 
the cancellation of such permit or license issued by any county or 
city and county officer, where any such building or place fails in any 
respect to meet the requirements of the general health laws and 
regulations. (S. L. Sec. 992A, as enacted by Sec. 3, Act 132, S. L. 1911.) 

REGULATIONS. 

Sec. 12. GENERAL PROVISION. The board of health, with the 
approval of the governor, may make such regulations respecting nuis- 
ances, foul or noxious odors, gases or vapors, water in which mosquito 
larvae breed, sources of filth, cause of sickness or disease, within 
the respective districts of the Territory, and on board of any vessels; 
as also respecting adulteration and false branding of food; drainage; 
location, air space, ventilation and sanitation of buildings, courts, 
areas and alleys; privy vaults and cesspools; fish and fishing; inter- 
ments and dead bodies; laundries, stables, bakeries, poi shops, abat- 
toirs, fish, meat or vegetable stores or markets, hotels, lodging houses, 
tenements, or any place or building where noisome or noxious trades 
or manufactures are carried on, or intended to be carried on; milk; 
poisonous drugs; pig and duck ranches, as it shall deem necessary 
for the public health and safety. (R. L. Sec. 991, as amended by Act 
42, S. L. 1905, and Sec. 2, 132, S. L. 1911.) 

Sec. 13. REGULATIONS: INFECTED ARTICLES. Said board 
shall, with the approval of the governor, also make such regulations as 
it may deem necessary for the public health and safety, respecting 
any articles which are capable of containing or conveying any infec- 
tion or contagion, or of creating any sickness, when such articles 
shall be brought into or conveyed from any district, or into or from 



bers, Sees. 311, 312, (Act 70, S. L. 1907). 

Under R. L. Sec. 1418 G., (Act 96, S. L. 1907) a license is required for 
the sale of fish at a fixed place of business; Terr. vs. Choy Dan, 20 H. 1. 
No license is required to peddle fish, R. L. Sec. 1418 H. as enacted by Act 
96. S. L. 1907. 
Note to Sec. 12. 

A regulation made by virtue of this section compelling - sewer con- 
nections held valid; McCamlless vs. Campbell, 20 H. 415, 417, 418. For 
erection of lodging- or tenement houses, see note to Sec. 346. 

Ordinance prohibiting spraying clothes from the mouth held valid: 
Terr. vs. All Choy, 17 H. 331. 

10 



any vessel. (R. L. Sec. 991 as amended by Act 42, S. L. 1905 and 
Sec. 2, Act 132, S. L. 1911.) 

Sec. 14. REGULATIONS; TO BE PUBLISHED. Notice shall be 
given by the board of health of all regulations made by it, by publish- 
ing the same in some newspaper of the district, or, where there is 
no such newspaper, by causing them to be posted in three public 
places of the town or district; and such notice of said regulation shall 
be deemed legal notice to all persons. (R. L. 992.) 

Sec. 15. REGULATIONS; PENALTY FOR VIOLATIONS. Every 
person who shall violate any regulation of the board of health, after 
the same shall have been published, as provided in Sec. 14, (R. L. 
Sec. 992), shall be fined not exceeding one hundred dollars. (R. L. 
Sec. 993.) 

ABATEMENT OF NUISANCES. 

Sec. 16. REMOVAL; PREVENTION. The board of health and its 



JVote to Sec. 13. 

For other regulations see, steam laundries, Sec. 48, (R. L. Sec. 1378): 
laundries, Sec. 52, (R. L. Sec. 1065); diseased animals, under board of 
agriculture, Sec. 61, (R. L. Sec. 390 B, as enacted by Sec. 4, Act 82, S. L. 
1905, amended by Act 114, S. L. 1909); slaughter houses, Sec. 74, (R. L. 
Sec. 1003); cemeteries, Sec. 77, (R. L. Sec. 1170); tuberculosis, Sec. 121, 
(Sec. 17, Act 118, S. L. 1911); permit to treat lepers, Sec. 125, (R. L. 
Sec. 1127); leper hospital on Oahu, Sec. 126, (Sec. 1. Act 81. S. L. 1909); 
treatment of lepers at hospital, Sec. 127, (Sec. 2, Act 81, S. L. 1909); 
also control of lepers, Sec. 143, (R. L. Sec. 1129); parole lepers, Sec. 131, 
(Act 113, S. L. 1911); aid to indigent released lepers, Sec. 134, (Act 95, 
S. L. 1911); segregation treatment of lepers, Sec. 135, (Sec. 8. Act 81, 
S. L. 1909); labor by leper patients, Sec. 141, (R. L. Sec. 1128); Kokuas, 
Sec. 146, (R. L. Sec. 1133); County of Kalawao, Sec. 162, (Sec. 2, Chap. 2, 
Act 39, S. L. 1905); manufacture food products, Sec. 178, (Sec. 1. Act 
117, S. L. 1911); sale of opium, Sec. 201, (R. L. Sec. 1399); hospitals, Sec. 
210, (R. L. Sec. 1111); hospital, North Kohala, Sec. 215, (Act 36, S. L.. 
1907); insane asylum, Sec. 218, (R. L. Sec. 1113); Vital statistics, Sec. 
256, (R. L. Sec. 1166); barbers, Sec. 311, (Act 70, S. L. 1907); public 
markets under superintendent public works, Sec. 319, (R. L. Sec. 2680); 
prostitutes, Sec. 339, (P. L. 1897, Sec. 863): County health matters, Sec. 
340, (Chap. 14, Sec. 2, Par. 5. Act 39, S. L. 1905, as amended by Act 98. 
S. L. 1909): also Sec. 341, (Chap. 4. Sec. 9, par. 4 A, Act 39, S. L. 1905, 
as amended by Act 100, S. L. 1909); city and county health matters, 
Sec. 343, (Chap. 5. Sec. 23, par. 1. Act 118, S. L. 1907, as amended by 
Act 99, S. L. 1909); also, Sees. 344, 345, (Act 79, S. L. 1909): also Sec. 
346, (Chap. 5. Sec. 23, par. 4, Act 118, S. L. 1907, as amended by Sec. 2, 
Act 79, S. L. 1909): county and city and county officers enforce Terri- 
torial board of health rules and regulations, Sec. 350, (Sec. 1, Act 132, 
S. L. 1911). 

See Wong Chow vs. Insurance Co., 13 H. 161; Hawaii Land Co. vs. 
Insurance Co., 13 H. 164; Akwai vs. Insurance Co., 14 H. 533, 537: Ahana 
vs. Insurance Co., 15 H. 636: Kwong Lee Yuen Co. vs. Insurance Co., 
15 H. 704. 

11 



agents shall examine into all nuisances, foul or noxious odors, gases 
or vapors, water in which mosquito larvae breed, sources of filth and 
all causes of sickness or disease, on shore, and in any vessel, which 
may be known to them or brought to their attention, which in their 
opinion are dangerous or injurious to health, and shall cause the same 
to be abated, destroyed, removed, or prevented. (R. L. Sec. 994, as 
amended by Sec. 1, Act 111, S. L. 1911.) 

Sec. 17. NUISANCE ON PRIVATE PROPERTY. Whenever any 
such nuisance, foul or noxious odors, gases or vapors, water in which 
mosquito larvae breed, source of filth, or cause of sickness or disease, 
shall be found on private property, the said board shall cause notice 
to be given to the owner or owners to remove and abate the same 
at his or their own expense within such reasonable time as the board 
may deem proper; a duplicate of the notice so given shall be left 
with one or more of the tenants or occupants of the premises; if 
the owner resides out of the Territory or cannot be reached with no- 
tice speedily, notice left at the house or posted on the premises shall 
be deemed sufficient, and if the owner or owners thus notified shall not 
comply with such notification or order of the board of health, or its 



Note to Sec. 16. 

For power to make regulations respecting - nuisances see Sec. 13, (R. 
L. Sec. 991 as amended by Act 42, S. L. 1905 and Act 132, Sec. 2, S. L. 
1911). For other matters related to nuisances, see note to Sec. 3; also 
insanitary land, Sec. 24, et seq. ; sanitary condition of buildings, Sec. 
56, et seq. 

Counties may make ordinance in regard to sanitation, collection and 
disposition of garbage, etc., Sec. 340, (Chap. 14, Sec. 62, par. 5. Act 39, 
S. L. 1905, amended by Act 64, S. L. 1907, and by Act 98. S. L. 1909). 

City and County of Honolulu may make similar ordinances, Sec. 343, 
(Chap. 5, Sec. 23, par. I. Act 118, S. L. 1907, amended by Act 99, S. L. 
1909), and in addition thereto, ordinances regulating the method and 
style of construction and conditions under which laundries, poi shops, 
etc., and places where noisome trades are carried on, Sec. 344, (Ses. 3 A. 
and 3 B, Act 79, S. L. 1909); as also ordinances to protect health, life 
and property and to summarily remove nuisances, Sec. 346, (Chap. 5. 
Sec. 23, par. 4, Act 118, S. L. 1907, as amended by Sec. 2, Act 79, S. L. 
1909). 

The foregoing powers are concurrent with those of the Territorial 
board of health, Sec. 351, (Sec. 1. Act 132.. S. L. 1911). 

On dumping rubbish in Honolulu or Hilo harbors or leaving dead 
animals on the shores or reefs see Sees. 56, 57. (R. L. Sees. 522,524). 

Statute does not authorize board to destroy that which was not a 
nuisance or to make or declare that to be which was not in fact a 
nuisance; Akwai vs. Ins. Co., 14 H. 533, 537. See also Wong 1 Chow vs. 
Ins. Co., 13 H. 161, and Hawaii Land Co. vs. Ins. Co., 13 H. 164. Ahana 
vs. Ins. Co., 15 H. 636. Kwong Lee Yuen Co. vs. Insurance Co., 15 H. 704. 

The authority of the board of health does not preclude the bringing 
by private persons of civil actions for abatement of nuisance; see fol- 
lowing extract from R. L. Chap. 213, on next page below Sec. 18. 

12 



agent, within the time specified, the board, or its agent, shall proceed 
to abate such nuisance and remove, destroy or prevent the cause 
of such foul or noxious odors, gases or vapors, water in which mos- 
quito larvae breed, source of filth, or cause of sickness or disease, 
or other thing detrimental to public health, and said board shall have 
a right to recover by action the expenses incurred by it in such 
abatement, removal, destruction or prevention, from any person or 
persons who shall have caused or allowed such nuisance, source of 
foul or noxious odors, gases or vapors, water in which mosquito 
larvae breed, source of filth or cause of sickness or disease, or other 
thing detrimental to the public health, and from any owner, tenant 
or occupant of the premises, who, after notice as aforesaid, shall 
have failed to abate, remove, destroy or prevent such nuisance, source 
of foul or noxious odors, gases or vapors, water in which mosquito 
larvae breed, source of filth, or cause of sickness or disease, or other 
thing detrimental to the public health within the time specified in 
such notice. (R. L. Sec. 995, as amended by Sec. 2, Act 111, S. L. 
1911.) 

Sec. 18. NUISANCE ON PUBLIC PROPERTY. Whenever any such 
nuisance, foul or noxious odors, gases or vapors, water in which mos- 
quito larvae breed, source of filth, cause of sickness or disease, shall 
be found on public property or on a public highway, street, lane, 
alley, or other public place, notice shall be given by said board, or its 
agent, to the person or persons officially in charge thereof, and such 



EXTRACT FROM COMMON NUISANCE LAW. 

The offense of common nuisance is the endangering - of the public 
personal safety or health, or doing - , causing or promoting, maintaining 
or continuing what is offensive, or annoying and vexatious, or plainly 
hurtful to the public, or is a public outrage against common decency 
or common morality, or tends plainly and directly to the corruption of 
the morals, honesty and good habits of the people, the same being with- 
out authority or justification by law. 

As, for example, the carrying on a trade, manufacture or business in 
places so situated that others indiscriminately, who reside in the 
vicinity, or pass in a highway or public place, or resort to a school 
house, meeting house or any other place of legal and usual resort or 
assembly are liable to be thereby injured, annoyed, disturbed or en- 
dangered by deleterious exhalations, noisome vapors, hideous, alarming 
or disgusting sights, intolerable noise, or otherwise; 

Spreading or endangering the spreading of the smallpox, or other 
infectious disease; carrying an infected person, or causing him to pass 
through a frequented street; opening a hospital or pest house so as to 
endanger neighbors or the passers by in a frequented street, or other- 
wise. 

For form of complaint for abatement of common nuisance see Sec. 
23, (R. L. Sec. 1838). Smoke nuisance; Fernandez vs. Ice Co., 5 H. 532. 

13 



person or persons shall be notified to abate, destroy, remove or pre- 
vent the same; and in case of failure to comply with such notice, 
the mode of procedure shall be the same as hereinbefore provided 
in case of private persons in section 16. (R. L. 995A, as amended 
by Sec. 3, Act 111, S. L. 1911.) 

Sec. 19. ENTERING LANDS, BUILDINGS, ETC. Whenever any 
member of the board of health, or its agent, shall deem it necessary 
for the preservation of the lives or health of the public to enter any 
land, building or vessel for the purpose of examining into, abating, 
destroying, removing or preventing any nuisance, source of foul or 
noxious odors, gases or vapors, water in which mosquito larvae breed, 
source of filth, or cause of sickness or disease, or other thing detri- 
mental to the public health, and shall be refused such entry, such 
member or agent may make complaint to the district magistrate in 
whose district such nuisance, source, place, or cause is, and such 
district magistrate may thereupon issue a warrant, directed to any 
sheriff, deputy sheriff or police officer of said district, commanding 
him to take sufficient aid, and, being accompanied by such member 
of said board or agent, between the hours of sunrise and sunset, to 
repair to the place described in said complaint, and to abate, destroy, 
remove or prevent, under the directions of such member or agent, 
such nuisance, source or cause. (R„. L. Sec. 997 as amended by Sec. 
4, Act 111, S. L. 1911.) 

Sec. 20. PRISONERS TO ASSIST. For the purpose of removing 
nuisances, and causes of sickness, the board of health may require the 
high sheriff and sheriffs to cause the prisoners under their charge to 
aid in such work. (R. L. Sec. 998.) 

Sec. 21. WHO TO REPORT NUISANCES. It shall be the duty of 
the high sheriff and all officers of police, and physicians, to report to 
the board of health, or its nearest authorized agent, the existence of 
any nuisance injurious to the public health, of which any of them 
may be cognizant, as soon as possible after it shall come to their 
knowledge. (R. L. Sec. 999.) 

Sec. 22. VIOLATION; PENALTY. Any person who shall violate 
any of the provisions of this chapter, (R. L. Chap. 79 as amended by 
Act 111, S. L. 1911), or who shall violate any order made by said Board 



Note to Sec. 19. 

For other provision as to entry see Sec. 38, (R. L. Sec. 1022). See 
Peterson vs. Frazier, 18 H. 457. 

14 



in pursuance of the provisions of this chapter, shall, upon conviction, 
be fined not more than one hundred dollars ($100.00), and the court 
may, in its discretion, order the defendant, under the supervision of 
said board or its agent, to carry out at his own expense the provision 
or order violated, and no appeal shall suspend or affect such order 
pending the appeal. (R. L. Sec. 1000 as amended by Sec. 5, Act 111, 
S. L. 1911.) 

Sec. 23. COMMON NUISANCES— ABATEMENT OF— SWORN 
COMPLAINT. All applications for the abatement of common nuisances 
shall be by sworn petition addressed to some judge having jurisdiction 
thereof. (R. L. Sec. 1838.) 

SANITARY CONDITION OF LAND. 

Sec. 24. INSANITARY CONDITIONS TO BE REPORTED. When- 
ever in the opinion of the board of health any tract or parcel of land 
situated in the Territory of Hawaii, shall be deleterious to the public 
health in consequence of being low, and at times covered or partly 
covered by water, or of being situated between high and low water 
mark, or of being improperly drained, or incapable by reasonable ex- 
penditure of effectual drainage, or for other reason in an insanitary 
and dangerous condition, it shall be the duty of the board of health 
to report such fact to the superintendent of public works, together 
with a brief recommendation of the operation deemed advisable to 
improve such land. (R. L. Sec. 1025 as amended by Act 112, S. L. 
1911.) 

Sec. 25. NOTICE TO OWNERS TO IMPROVE. It shall be the duty 
of the superintendent of public works, upon the receipt of such no- 
tice, to cause a copy of the same to be served in the manner pre- 
scribed in section 26 (R. L. 1027) upon the owner or occupant of such 
land. Said superintendent shall at the same time and in the same 
manner serve notice that, in case of failure to begin work upon such 



Note to Sec. 23. 

See note to Sec. 16. 

Note to Sec. 24. 

Under the decision in In re Ankwai 13 H. 239, it was held that this 
section does not make the approval of the board or of any of its 
officers a pre-requisite to the granting of a building permit. This dif- 
ficulty has since been remedied by the enactment of section 10, (R. L. 
Sec. 992 A as enacted by Sec. 3, Act 132, S. L. 1911). See note to section 
10. For appointment Waikiki Reclamation Commission see Joint Res 
No. 2, p. 369, S. L. 1907. 

15 



improvements within twenty days, or such further time in special 
cases as to said superintendent may seem reasonable, and to com- 
plete such work within a reasonable time in such notice designated, 
such work or so much thereof as may remain undone will be done by 
the Territory at the cost of the lands benefited thereby. (R. L. Sec. 
1026 as amended by Sec. 2, Act 112, S. L. 1911.) 

Sec. 26. SERVICE OF NOTICE. Service of such notice upon an 
owner in person, if within the Territory, or upon his agent if without 
the Territory, or upon the occupant of such land if the owner is un- 
known, or upon the guardian if the owner is a minor or person under 
guardianship, or by mail or personal delivery to the owner if without 
the Territory, shall be deemed good and sufficient service. If such 
land is unoccupied and the owner or his place of residence is unknown, 
or if he is without the Territory and his address is known and he 
has no known agent within the Territory, or if he is under age or 
incompetent, having no guardian in the Territory, such notice shall 
be published for five consecutive days in some newspaper of general 
circulation published in the county or city and county where the land 
is situated. The notice in all cases may be general in terms and ad- 
dressed to all persons whom it may concern. (R. L. Sec. 1027 as 
amended by Sec. 3, Act 112, S. L. 1911.) 

Sec. 27. APPEAL. During the period of twenty days, or such 
further time in special cases as is specified in the notice given pur- 
suant to the provisions of section 25 (R. L. Sec. 1026) any owner or 
occupant of the land sought to be improved, his attorney or agent, 
may file an appeal from the decision of the board of health 
condemning the land as deleterious to the public health, or from its 
decision as to the nature and extent of the improvements to be made, 
with the superintendent of public works, whereupon the superinten- 
dent shall transmit the appeal to the circuit court of the circuit where- 
in the land is situated. (R. L. Sec. 1028 as amended by Sec. 4, Act 
112, S. L. 1911.) 

Sec. 28. HEARING, DECISION. Said court shall thereupon appoint 
three disinterested persons, who shall sit as a board to hear and 
determine whether or not the land is deleterious to the public health 
and whether improvements of the nature designated in such notice are 
required, and if such improvements are not required what, if any, 
improvements are required in order to render such land sanitary. The 

16 



decision of a majority of the board as to the necessity and nature 
and extent of the improvements shall be final and conclusive upon 
all parties in interest. The board shall appoint a time and place for 
hearing, first giving reasonable notice thereof to the president of 
the board of health, the superintendent of public works, and to the 
owner or occupant of the land in question. Service of such notice 
shall be as provided in section 26 (R. L. Sec. 1027). As compensation 
for their services each member of the board shall be entitled to re- 
ceive five dollars for each day of actual service. (R. L. Sec. 1029 as 
amended by Sec. 5, Act 112, S. L. 1911.) 

Sec. 29. PLANS, ETC. The superintendent of public works shall 
transmit to the board with such appeal a plan of the lands to be im- 
proved, showing, so far as practicable, the names of the owners and 
occupants thereof, together with a statement showing the extent and 
nature of the contemplated improvements, and an estimate of the 
cost thereof. (R. L. Sec. 1029A as amended by Sec. 6, Act 112, S. L. 
1911.) 

Sec. 30. SUPERINTENDENT TO MAKE IMPROVEMENTS, WHEN. 
The board shall transmit a copy of its decision to the superintendent 
of public works and to the other persons affected thereby, so far as 
practicable, and in case the owner or owners of the land shall not 
within ten days after the receipt of such decision begin work upon 
such improvements, or in case the work shall not be completed within 
such additional time as shall have been specified as provided in sec- 
tion 25 (R. L. Sec. 1026), the superintendent may proceed to make or 
complete such improvements according to the decision of the board. 
In case no appeal shall be taken from the decision of the board of 
health as above provided, or work shall not be begun and completed 
within the times prescribed as aforesaid, the superintendent of public 
works may proceed to make or complete the improvements. (R. L. 
Sec. 1030 as amended by Sec. 7, Act 112, S. L. 1911.) 

Sec. 31. LIEN. The cost of the improvements made or contem- 
plated by the superintendent of public works, shall constitute a lien 
upon said land, which lien shall have priority over all other liens. (R. 
L. 1031, as amended by Sec. 8, Act 112, S. L. 1911.) 

Sec. 32. NOTICE AND RECORDING OF LIEN. Whenever work 
or improvement is done or contemplated by the superintendent of 
public works, he shall record in the office of the registrar of con- 

17 



veyances a notice of the cost of the work so done or contemplated 
and a brief description of the land on which the same is a charge, 
together with the name of the last known owner or owners, and shall 
also serve a copy of such notice upon such owner or owners in the 
manner provided in section 26 (R. L. Sec. 1027). (R. L. Sec. 1032, as 
amended by Sec. 9, Act 112, S. L. 1911.) 

Sec. 33. FORECLOSURE. Said lien may be foreclosed at any time 
after six months and within two years from the date of the record- 
ing required by the preceding section, by suit in equity or without 
suit by public sale by such superintendent in the name of the Terri- 
tory. Foreclosure by public sale shall be preceded by the publication 
of a notice, setting forth the time and place of such sale, the amount of 
such lien, and a brief description of such land, for at least three times, 
in a weekly paper published in the county or city and county where 
the land is situated. Said land shall be offered for sale at public 
auction at an upset price equal to the amount of said lien, and the 
cost of all advertising and other costs incurred, and if no higher price 
is bid, shall be knocked down to the Territory of Hawaii, which in 
such case shall be deemed to be the purchaser at the upset price. 
Such sale shall be effectual to convey the title to the purchaser, and 
a conveyance of the land to the purchaser may be executed in the 
name of the Territory by said superintendent. Only the balance of 
the purchase price after deducting the amount of such lien and costs, 
or, in case there is no balance or an insufficient balance, only an 
amount equal to the value of the land as last previously assessed for 
taxation, shall be subject to claims against the Territory. In case the 
Territory shall be the purchaser as aforesaid, the amount of such 
assessed value shall be payable out of the fund provided for in sec- 
ion 33 (R. L. Sec. 1034A), and the land may be sold at any time there- 
after at public auction after due notice at an upset price equal to the 
value of the land as determined by three disinterested appraisers ap- 
pointed by said superintendent, and the proceeds of such sale turned 
into the fund provided for in said section 35 (R. L. Sec. 1034A). In 
case of uncertainty as to the person or persons to whom such balance 
or assessed value should be paid or its apportionment among two or 



Note to Sec. 33. 

On liens and foreclosure thereof, see also R. L. Sees. 709, 723 et seq.r 
also R. L. Chap. 139. as amended by Act 59, S. L. 1907 and Act 108, S. L. 
1911: and R. L. Chap. 140, as amended by Act 97, S. L. 1909. 

18 



more persons, it may be deposited in the circuit court for the benefit 
of whom it may concern. (R. L. Sec. 1033 as amended by Sec. 10, Act 
112, S. L. 1911.) 

Sec. 34. PAYMENT PRESUMED WHEN. All such liens shall be 
presumed to have been satisfied at the expiration of three years from 
the date of record. (R. L. Sec. 1034.) 

Sec. 35. APPROPRIATION $250,000: There is hereby appropria- 
ted out of the general revenues the sum of two hundred and fifty 
thousand dollars to be used for the purpose of carrying out the pro- 
visions of this chapter, which sum shall be set aside in the Territory 
treasury, as follows; one hundred and twenty-five thousand dollars 
on June 1, 1911, and one hundred and twenty-five thousand dollars on 
February 1, 1912, as a special fund for use for such purpose and all 
moneys withdrawn from such fund for such purpose shall be reim- 
bursed or restored thereto so far as may be out of any moneys re- 
paid or collected under the provisions of this chapter. (R. L. 1034A, 
as enacted by Sec. 1, Act 157, S. L. 1911, amending Act 29, S. L. 1911.) 

SANITARY CONDITION OF BUILDINGS. 

Sec. 36. REPAIRS. AIR SPACE. Every house or tenement used 
or occupied as a dwelling for lodgers or contract laborers shall be 
kept by its owner in good repair, with the roof water-tight, and shall 
have the capacity of not less than three hundred cubic feet of space 
for each adult, or nine hundred cubic feet for one man and woman 
and two children. (R. L. Sec. 1020.) 



Note to Sec. 36. 



See municipal and county licenses, Sees. 10, 11, (R. L. Sec. 992 A, 
as enacted by Sec. 3, Act 132, S. L. 1911); regulations, Sec. 12, (R. L. 
Sec. 991, as amended by Act 42, S. L. 1905 and by Sec. 2, Act 132, S. L. 
1911): lodging- and tenement houses Sees. 41-45, (R. L. Sees. 1382-1386, 
as amended by Act 151, S. L. 1909): steam laundries, Sees. 46-48, (R. L. 
Sec. 1375, as amended by Act 151, S. L. 1909 and R. L. Sees. 1376 and 
1378); cleaning and dyeing works, Sec. 49, (R. L. Sec. 1418 I, as enacted 
by Act 96, S. L. 1907, amended by Act 151, S. L. 1909); slaughter houses, 
Sec. 74, (R. L. Sec. 1003); manufacture food stuffs, Sees. 178, 179, (Sees. 
1, 2, Act 117, S. L. 1911); manufacture of poi, Sees. 182-185, (Sees. 1-4, 
Act 101, S. L. 1911); barbers, Sees. 311, 312, (Act 70, S. L. 1907); unsafe 
structures inspection and plumbing under the counties, Sec. 340, (Chap. 
14, Sec. 62, par. 5, Act 39, S. L. 1905 as amended by Act 64, S. L. 1907, 
and Act 98, S. L. 1909); unsafe structures, inspection and plumbing, 
laundries, poi shops, abattoirs, etc., under the city and county, Sees. 
343-346, (Chap. 5. Sec. 23, par. 1. Act 118. S. L. 1907 as amended by Act 
99, S. L. 1909 and Sees. 3 A and 3 B. Act 79, S. L. 1909). See also note 
to section 346. 

19 



Sec. 37. GROUNDS, CLOSETS. The yard and grounds about all 
dwellings shall be well drained and kept free from rubbish of every 
description, with a closet, or privy, also to be kept in repair by the 
lodging-house keeper, or employer of laborers, for every six adults. 
(R. L. Sec. 1021.) 

Sec. 38. ENTRY BY HEALTH OFFICERS. Every owner or keeper 
and every other person having the care or management of a lodging- 
house or of a dwelling for contract laborers, shall at all times when 
required by the board of health or its agents give free access to such 
house or any part thereof. (R. L. Sec. 1022.) 

Sec. 39. PENALTY. Every lodging-house keeper or employer of 
laborers who shall fail to comply with the provisions of this chapter 
shall pay a fine not exceeding fifty dollars. (R. L. Sec. 1023.) 

Sec. 40. FILTH, PENALTY. Every person who shall keep his 
dwelling in so filthy a state as to be a nuisance or injurious to health, 
or who shall refuse or neglect to remove any nuisance or substance 
he may have caused or placed in the vicinity of the dwelling he oc- 
cupies or any other dwelling, or shall commit any nuisance in any 
stream or thoroughfare, shall, on conviction, pay a fine not exceeding 
three dollars, or be imprisoned for any term not exceeding thirty 
days. (R. L. Sec. 1024.) 

LODGING OR TENEMENT HOUSES, HOTELS, BOARDING HOUSES 

AND RESTAURANTS. 

Sec. 41. CERTIFICATE, BOARD OF HEALTH. No license shall be 
issued for a lodging or tenement house, hotel, boarding house or 
restaurant, until the applicant shall secure from the board of health 
and present to the treasurer of the country or city and county a cer- 
tificate setting forth that an agent of the board has examined the 
house or houses, proposed to be used for such purposes, with a des- 
cription thereof sufficient to identify and locate the same; and that the 
same are in good sanitary condition and suitable to be used for such 



Note to Sec. 38. 

For other provision for entry, see Sec. 19, (R. L. Sec. 997, as amended 
by Sec. 4. Act 111, S. L. 1911). 
Note to Sec. 41. 

See Sees. 10, 11, (R. L. Sec. 992 A as enacted by Sec. 3, Act 132, S. L. 
1911); Sec. 12, (R. L. Sec. 991, as amended by Act 42, S. L. 1905, and by 
Sec. 2, Act 132, S. L. 1911). 

Treasurer has no discretionary power to refuse a license; Tai Kee vs. 

20 



purposes; and (if the application is for a license for a lodging or 
tenement house, hotel or boarding house), stating the number of 
persons who, by law, can be lodged therein. (R. L. Sec. 1382 as amend- 
ed by the Act 151, S. L. 1909.) 

Sec. 42. CONDITIONS OF LICENSE. A lodging or tenement house, 
hotel, boarding house, or restaurant license shall be issued upon the 
following express conditions, which shall be incorporated in the 
license, viz.: 

1. That the licensee shall not keep a noisy or disorderly house; 

2. That no prostitute shall be allowed to reside therein or resort 
thereto; 

3. That no intoxicating liquor shall be furnished or sold therein, 
except as authorized by law; 

4. That no more persons shall at any time be lodged therein than 
are permitted by the license; 

5. That the buildings and premises licensed shall be kept in good 
sanitary condition, in accordance with law and with the orders of the 
agent of the board of health; 

6. That the police and agents of board of health shall at all times 
have access thereto for purposes of inspection; 

7. That no gaming shall be allowed therein. (R. L. Sec. 1383.) 

Sec. 43. PENALTIES. Any person who shall keep a lodging or 
tenement house, hotel, boarding house or restaurant without a license 
under this chapter, or who, holding a license, shall violate or fail to 
observe any of the requirements or conditions of this chapter or of 
his license, shall be fined not less than ten or more than one hundred 
dollars, and the court, in its discretion, may cancel his license. (R. 
L. Sec. 1384.) 

Sec. 44. NO FEE FOR PRIVATE BOARDERS. Nothing in this 
chapter contained shall be construed to prevent a private family from 



Minister, 11 H. 57, 67. See also Sec. 36, (R. L. Sec. 1020), sanitary con- 
dition of buildings. See also note to Sec. 346. 
Note to Sec. 42. 

On sale of intoxicating liquors in hotels see, Act 119, S. L. 1907, as 
amended by Act 89, S. L. 1907 and Act 103, S. L. 1911; on disorderly 
houses, R. L. Chap. 216, on sanitary conditions of lodging houses, Sec. 
36, (R. L. Sec. 1020 at seq.) ; on reporting infectious diseases, S. 86, 
(R. L. Sec. 1005, as amended by Sec. 2, Act 125, S. L. 1911); on sewerage, 
Sec. 79, (S. L. Act 158, S. L. 1911). 

Building does not lose its character as a restaurant because portion 
is occupied as a dwelling; Rep. vs. Akau, 11 H. 363. 

21 



incidentally taking not more than seven boarders or lodgers without 
taking out a license thereunder. (R. L. Sec. 1385.) 

Sec. 45. HOTELS WITHOUT LICENSES, WHEN. The treasurer 
of the county or city and county may also, in his discretion, permit 
hotels at which both meals and lodgings are furnished, at points 
other than in Honolulu, where they are a public convenience, to be 
carried on without a license under this chapter. (R. L. Sec. 1386.) 

STEAM LAUNDRIES— HONOLULU. 

Sec. 46. ISSUED BY TREASURER. The treasurer of the city and 
county with the approval of the governor may issue to any person, 
partnership or corporation a license to erect, maintain and operate 
a steam laundry within the district of Kona, Island of Oahu, upon 
such conditions as to location and otherwise as shall be set forth in 
the license. (R. L. Sec. 1375 as amended by Act 151, S. L.1909.) 

Sec. 47. CERTIFICATE, BOARD OF HEALTH. Said license shall 
not be issued except upon the certificate of the board of health, set- 
ting forth that an agent of said board has examined the location at 
which it is proposed to operate said steam laundry, and that the same 
is suitable for the purpose. (R. L. Sec. 1376.) 

Sec. 48. REGULATIONS. Said steam laundries shall be subject to 
such regulations as to sanitation as may be prescribed from time to 
time by the board of health. (R. L. Sec. 1378.) 

LAUNDRY, DYEING OR CLEANING, OR DYEING AND CLEANING 

WORKS. 

Sec. 49. NO LICENSE WITHOUT HEALTH CERTIFICATE. The 

treasurer of the county or city and county may issue to any person, 
firm or corporation a license to maintain and operate a laundry, dyeing 
or cleaning or dyeing and cleaning works upon such conditions as to 
location and otherwise as shall be set forth in the license. Any such 
license shall not be issued except upon a certificate of the board of 



Note to Sec. 46. 

See Sees. 10, 11, (R. L. Sec. 992 A as enacted by Sec. 3, Act 132, S. L. 
1911; Sec. 12, (R. L. Sec. 991, as amended by Act 42, S. L. 1905 and by 
Sec. 2, Act 132, S. L. 1911). See King vs. Tong Lee, 4 H. 335, holding 
statute constitutional "which prohibited laundrying except at certain 
places ■within the district of Honolulu. 

Ordinance prohibiting- spraying - clothes from the mouth held valid; 
Terr. vs. Ah Choy, 17 H. 331. 

22 



health setting forth that the location at which it is proposed to operate 
such laundry, dyeing or cleaning or dyeing and cleaning works is 
suitable for the purpose. The annual fee for a license for either a 
laundry, dyeing or cleaning or dyeing and cleaning works shall be 
twenty-five dollars. (R. L. Sec. 1418 I as enacted by Act 96, S. L. 1907, 
amended by Act 151, S. L. 1909.) 

PUBLIC LAUNDRIES. 

Sec. 50. LAUNDRIES, HONOLULU ERECTION, RENTING. The 

superintendent of public works may cause to be built and erected in 
the district of Kona, Island of Oahu, a sufficient number of laundries 
and wash houses, and to let the same to persons applying therefor 
at such rents, and upon such terms as the said superintendent shall 
deem advisable. And in like manner to designate and use for such 
purposes buildings already erected. (R. L. Sec. 1063.) 

Sec. 51. CITY LIMITS. The City of Honolulu, for the purposes 
of this chapter, shall be deemed to be included within a circuit of three 
miles from the junction of Nuuanu and King streets. (R. L. Sec. 1064. 

Sec. 52. UNDER BOARD OF HEALTH. Such laundries and wash 
houses when erected shall be under the supervision and control of the 
board of health. (R. L. Sec. 1065.) 

Sec. 53. WASHING ELSEWHERE, PENALTY. Every person who 
shall carry on the business of laundry keeping or washing for hire, 
within the limits of the City of Honolulu, except in such buildings as 
shall be provided for such purpose, in accordance with the provisions 
of section 50, (R. L. Sec. 1063), or in such buildings as may be ap- 
proved and designated for such purpose by the board of health, shall 
upon conviction be liable to a fine not to exceed ten dollars for each 
and every day during which he shall so carry on such business, and 



Xote to See. 49. 

See note to Sec. 46. 

Note to Sec. 50. 

See note to Sec. 46. In Rep. vs. Chins Geung. 11 H. 667, Act 31, S. L. 
1898 forbidding the ejection of fluid from the mouth upon clothing was 
held void, on the ground that the act included all persons who ejected 
water on their clothing and was not limited in terms to clothing 
laundered for hire or even to the clothing of others. But see Terr. vs. 
Ah. Choy, 17 H. 331, holding ordinance, prohibiting spraying clothes from 
the mouth, valid. 

Note to Sec. 53. 

Statute held constitutional; King vs. Tong Lee, 4 H. 335; Rep. vs. 
Kum Lee, 10 H. 491, 494. 

23 



in default of payment of such fine shall be imprisoned until such fine 
is paid. (R. L. Sec. 1066, as amended by Act 111, S. L. 1907.) 

Sec. 54. EXCEPTION. Nothing in this chapter contained shall be 
deemed or construed to prevent persons washing in or on the banks 
of streams, in places used before August 9, 1880, for that purpose. (R. 
L. Sec. 1067.) 

RUBBISH: DEAD ANIMALS. 

Sec. 55. DUMPING RUBBISH IN HARBORS, HONOLULU, HILO. 
No stones or other rubbish shall be thrown from any vessel into the 
harbor of Honolulu or Hilo, under penalty of a fine not exceeding 
one hundred dollars, and the master of any vessel from which stones 
or rubbish are thrown, shall be subject to a like fine. (R. L. Sec. 522.) 

Sec. 56. DEAD ANIMALS. Any person who shall throw, or cause 
to be thrown, or leave or cause to be left, for the space of six hours, 
upon the shores or reefs of any harbor in this Territory, any dead 
animal, shall be subject to a fine not exceeding one hundred dollars, 
and shall cause the same to be removed without delay. (R. L. Sec. 
524.) 

DISEASES OF ANIMALS. 

BOARD OF AGRICULTURE AND FORESTRY. 

Sec. 57. ERADICATE PESTS, DISEASES AMONG ANIMALS, ETC. 
The board (of Commissioners of Agriculture and Forestry), shall, so 
far as reasonably practicable, assist, free of cost to individuals, in 
the eradication of insects, blights, scale, and diseases injurious to 
vegetation of value; and in the investigation suppression and eradica- 
tion of contagious, infectious and communicable diseases among dom- 
estic animals; and shall in like manner distribute to points where 
needed, insects, growths and other antidotes for the eradication of 
insects, blights, scales and diseases injurious to vegetation of value, 
and for the eradication of vegetation of a noxious character. (R. L. 
Sec. 378 as amended by Sec. 1, Act 82, S. L. 1905.) 



Note to Sec. 55. 

This sec. and Sec. 56 are under the jurisdiction of the superintendent 
of public works. 
Note to Sec. 57. 

R. L. Chap. 36, diseases of sheep repealed by Act 80, S. L. 1905. See 
also Act 81 and 82, S. L. 1905 repealing certain sections of R. L. Chap. 
35, and relating- to the board of agriculture. 

24 



Sec. 58. CHARGES FOR INSPECTION, ETC. The board shall, 
with the approval of the governor adopt a reasonable scale of charges, 
which may be changed from time to time, for the inspection, disin- 
fection, fumigation and quarantine, authorized, required or permit- 
ted by this chapter. Certificates and permits in this chapter pro- 
vided for concerning articles or animals imported, or proposed to be 
imported, into this Territory, and the charges so provided for, shall 
be paid for in advance before any certificate or permit is delivered, or 
any of said articles are permitted to be landed. If thereafter fur- 
ther expense is incurred in the inspection, treatment or quarantine 
of any said articles, the charges therefor shall be paid before any of 
said articles shall be delivered. (R. L. Sec. 388 as amended by Sec. 
2, Act 82, S. L. 1905.) 

Sec. 59. PENALTY FOR VIOLATIONS. Any person violating any 
of .the provisions of this chapter, or any rule or regulation of the board 
of commissioners of agriculture and forestry and any master of any 
vessel which shall bring into this Territory any article which the 
board shall at any time prohibit from being imported into this Terri- 
tory; and the master of any vessel from which shall be landed any 
article in this chapter required to be inspected, until he shall have 
received a permit to land the said articles from the board or its officer 
or inspector, as in this chapter provided, shall be guilty of a misde- 
meanor and shall be punished by a fine not to exceed five hundred 
dollars. (R. L. Sec. 390, as amended by Sec. 3, Act. 82, S. L. 1905, and 
by Act 112, S. L. 1907.) 

Sec. 60. STATISTICS CONCERNING DOMESTIC ANIMALS. It 
shall be the duty of the board of agriculture and forestry to gather, 
compile, tabulate, furnish and publish from time to time information 
and statistics concerning domestic animals in the Territory of Ha- 
waii, their protection and use, to inquire into and report upon the 
causes of contagious, infectious and communicable diseases among 
them, and the means for the prevention, suppression and cure of the 
same. (R. L. Sec. 390 A as enacted by Sec. 4, Act 82, S. L. 1905.) 

Sec. 61. RULES AND REGULATIONS: DISEASED ANIMALS. 
Said board of agriculture and forestry shall have power and authority 
to make rules and regulations, and to amend the same from time to 
time in its discretion, subject to the approval of the governor, for 
and concerning the inspection, quarantine, disinfection or destruction, 

25 



either upon introduction into the Territory, or at any time or place 
within the Territory, of animals and the premises and effects used in 
connection with such animals. Included therein may be rules and 
regulations governing the transportation of animals between the dif- 
ferent Islands of the Territory and along the highways thereof, and 
a'so such rules and regulations as may be approved by the governor 
requiring the owners and masters of any boat or vessel engaged in 
inter-island transportation of live stock, and the managers and agents 
of railway companies carrying live stock within the Territory, to make 
reports of the number and class of live stock carried, names of owners 
and consignees, the place to and from which such live stock is ship- 
ped, the manner of handling such live stock, the number of deaths or 
injuries to live stock occurring in transit or while being loaded or 
unloaded, with the causes of such deaths or injuries and all other 
matters which may be deemed necessary by the board for a full and 
complete record of such shipping and handling of live stock. And 
also to prohibit the importation into the Territory from any foreign 
country, or other ports of the United States, or from one Island with- 
in the Territory to another Island therein, or to one locality from 
another locality on the same Island, of animals known to be infected 
with a contagious, infectious or communicable disease or known to 
have been exposed to any such disease. (R. L. Sec. 390B as enacted 
by Sec. 4, Act 82, S. L. 1905 and amended by Act 114, S. L. 1909.) 

Sec. 62. TERRITORIAL VETERINARIAN. The board of agricul- 
ture and forestry shall have power and authority to appoint a Super- 
intendent of animal industry who shall be a competent veterinary 
surgeon and shall be known as the "Territorial Veteriarian." He shall 
have charge, direction and control, (subject to the direction and con- 
trol of the board), of all matters relating to the inspection of animals 
and the prevention and eradication of contagious, infectious and com- 
municable diseases among animals and of all matters relating to ani- 
mal industry mentioned in or coming within the scope of chapter 28 
of the Revised Laws and such other matters as the board shall from 
time to time direct. He shall be paid such salary as may be appro- 
priated by the legislature and shall enjoy all the powers, rights privi- 
leges and immunities of an officer of the board of health. (R. L. Sec. 
390C as enacted by Sec. 4, Act 82, S. L. 1905.) 

Sec. 63. LIVE STOCK INSPECTORS: APPOINTMENT. Said 

26 



board of agriculture and forestry shall have power and authority to 
appoint and commission one or more live stock inspectors for each 
judicial circuit, and other employees as may be necessary for the pro- 
per carrying into effect of the provisions of this chapter and may at 
its pleasure remove any inspector or employee, and to fix their com- 
pensation. (R. L. Sec. 390D as enacted by Sec. 4, Act 82, S. L. 1905.) 

Sec. 64. ENTRY DOMESTIC ANIMAL: PERMIT. No domestic 
animal shall be allowed to enter the Territory of Hawaii except after 
inspection by the territorial veterinarian or in his absence by a live 
stock inspector, and a permit issued by such inspecting officer to the 
consignee or owner, provided, however, that no fees for inspection 
shall be charged, nor delays caused concerning the landing of any 
domestic animal for which a certificate of health has been issued as 
prescribed by an act of Congress approved February 2nd, 1903, and 
entitled "An Act to enable the Secretary of Agriculture to more 
effectually suppress and prevent the spread of infectious and conta- 
gious diseases of live stock and for other purposes." (R. L. Sec. 390E as 
enacted by Sec. 4, Act 82, S. L. 1905.) 

Sec. 65. LANDING: NOT ENTRY. The landing of any animal for 
the purpose of inspection or quarantine shall not be construed to be 
an entry into the Territory for any purpose whatsoever, except as 
herein provided and if in the opinion of the inspecting officer it shall 
be necessary or proper to quarantine any such animal, he shall have 
authority so to do at the expense of the owner or consignee. (R. L. 
Sec. 390F as enacted by Sec. 4, Act 82, S. L. 1905.) 

Sec. 66. QUARANTINE; DESTRUCTION DISEASED ANIMALS. 
The board shall have the power to quarantine any domestic animal 
known to be effected with or to have been exposed to any contagious, 
infectious or communicable disease, and to destroy the same, when 
in the opinion of the territorial veterinarian, or in his absence, a 
duly qualified veterinary surgeon, such measure is necessary to pre- 
vent the spread of such disease, and to provide for the proper dis- 
position of its hide and carcass; and to disinfect premises where any 
such disease may have existed. (R. L. Sec. 390G as enacted by Sec. 4, 
Act 82, S. L. 1905.) 

Sec. 67. MASTER OF VESSELS TO NOTIFY INSPECTORS. The 
master of any vessel on which there shall have been shipped live ani- 
mals for any port in this Territory shall immediately, upon arrival, 

27 



cause the inspecting officers to be notified, and shall not permit the 
animals to be taken from the wharf or landing, nor any portion of 
the food or water, nor any effects connected therewith or provided 
for their use during the voyage, to be removed from the wharf or 
landing until the inspecting officer shall have inspected and passed 
the same. (R. L. Sec. 442.) 

Sec. 68. QUARANTINE BETWEEN ISLANDS. Live animals pass- 
ing between the different islands of the Territory may be quarantined 
as set forth in section 443, (of the Revised Laws) either at the port 
of shipment or delivery, on good cause shown to the inspecting officer 
of the port of entry nearest to the port of shipment or delivery. (R. 
L. Sec. 444.) 

Sec. 69. IMPORTING PROHIBITED, WHEN. The governor, not- 
withstanding anything in this chapter, may from time to time, by pro- 
clamation declaring any port or country to be infected, absolutely pro- 
hibit the introduction of any animals therefrom until the restriction 
be removed. (R. L. Sec. 445.) 

Sec. 70. FORFEITURE OF ANIMALS, ETC. All animals, fodder, 
fittings, or effects landed contrary to the provisions of this chapter, 
or taken or removed from quarantine until duly discharged, shall be 
forfeited to the use of the Territory of Hawaii; and all animals 
brought into such quarantine grounds, or placed with any animals un- 
der quarantine, shall be deemed to come under the provisions of this 
chapter, and shall be subject to all the conditions of the same. (R. 
L. Sec. 446 as amended by Act 81, S. L. 1905.) 

Sec. 71. REPORTING DISEASE, PENALTY. Any person know- 
ing or having reason to believe that any animal on or about his own 
premises or the premises of another is affected with glanders, farcy or 
any infectious or contagious disease who shall fail to report the same 
forthwith to a territorial veterinarian, shall be guilty of a misdemeanor 
and upon conviction shall be fined not less than five nor more than 
one hundred dollars. (R. L. Sec. 447, as amended by Act 81, S. L. 1905 
and Act 138, S. L. 1909.) 

Sec. 72. PURCHASER RECOVER PURCHASE PRICE, WHEN. 
The purchaser of any horse, mule, or ass which shall develop symp- 
toms of glanders or farcy within two weeks from the date of purchase 



JVote to See. 68. 

R. L. Sec. 443 was repealed by Act 81. S. L. 1905. 

28 



may recover the full amount of the purchase price from the vendor of 
such animal, together with such reasonable damages as the purchaser 
may have suffered; provided, however, that this section shall not apply 
in case the vendor, at the time of sale shall obtain from any licensed 
or territorial veterinarian a certificate that such animal is free from 
such disease, and such territorial veterinarian shall make no charge for 
said certificate. (R. L. Sec. 447 A as enacted by Act 138, S. L. 1909.) 

Sec. 73. PENALTIES, Any and all persons knowingly and wilfully 
violating any of the provisions of this chapter, or assisting in so doing, 
or who shall purchase, take and carry away any animals, fodder, ef- 
fects or fittings connected therewith before the same shall have been 
discharged by the inspecting officer, or shall knowingly and wilfully 
have in possession any of the same, or shall impede or refuse to allow 
said inspecting officer to perform his duty, shall be liable to imprison- 
ment for any period not over six months, or to a fine not over five 
hundred dollars, or both. (R. L. Sec. 449.) 

SLAUGHTER HOUSE. 

Sec. 74. LOCATION OF SLAUGHTER HOUSE. No slaughter house 
shall be maintained in any part of this Territory, in any place where 
the board of health shall now or hereafter forbid the maintenance 
of the same. (R. L. Sec. 1003.) 

CEMETERIES. 

Sec. 75. ESTABLISHMENT ON CERTAIN LANDS. The superin- 
tendent of public works may from time to time establish such public 
cemeteries, or places for burial, in the several districts of the Terri- 
tory as he shall deem necessary. For this purpose he may set apart 
such portions of the public lands as he shall deem necessary, and 
with the approval of the governor purchase suitable lands or interests 
in lands, from private owners. (R. L. Sec. 1168.) 



Note to Sec. 74. 

For regulation slaughter houses see Sec. 12, (R. L. Sec. 991, as 
amended by Act 42, S. L. 1905, and Sec. 2, Act 132, S. L. 1911): City and 
County has concurrent jurisdiction, Sec. 345. (Sec. 3 B. Act 79, S. L. 1909), 
See also R. L. Sees. 1366-1372, slaughter house licenses. 
Note to Sec. 75. 

See Sec. 12, (R. L. Sec. 991, as amended by Act 42, S. L. 1905 and by 
Sec. 2, Act 132, S. L. 1911), regulation of interments and dead bodies. 
Counties have concurrent powers, Sec. 340, (Chap. 14, Sec. 62, par. 5, 

29 






Sec. 76. CONVEYING LANDS TO CEMETERY CORPORATIONS. * 

Said superintendent may from time to time, with the approval of the 
governor, transfer and convey to any cemetery corporation or organ- 
izat on, the property so set apart or acquired in any district, or any 
portions of such property, to be held or managed as a public cemetery 
or cemeteries, upon such terms and conditions as he shall, with such 
approval, determine. (R. L. Sec. 1169.) 

Sec. 77. NO CONFLICT WITH BOARD OF HEALTH. The provi- 
sions of this chapter shall not be construed to conflict with the author- 
ity imposed by law upon the board of health to make regulations for 
the interment of the dead, and respecting cemeteries and burying 
grounds, or to protect the public health. (R. L. Sec. 1170.) 

DISINTERMENT OF HUMAN BODIES. 

Sec. 78. PENALTY. The right of human sepulchre is sacred, anc~. 
shall not be disturbed except as provided by law. If any person, nOv 
having any legal right to do so, shall wilfully dig up, disinter, disturb, 
scatter, remove or convey away any human body, or the remains or 
bones, or any of the remains or bones thereof, from any cemetery, 
burial place, mausoleum, cave or vault, where the same has been 
legally interred or deposited, or shall wilfully break, disturb, scatter 
or remove the coffin, casket or burial clothes in which such body or 
remains shall have been interred or deposited, either in whole or in 
part, whether such cemetery, burial place, mausoleum, cave or v? j 
be public or private property, or shall knowingly aid in such acl 
aforesaid, the person so offending, and all persons accessory ther 
either before or after the fact, shall be punished by imprisonn 
at hard labor for not more than two years or by a fine not exceec 
$1,000.00. (R. L. Sec. 3196, as amended by Act 26, S. L. 1909.) 

SEWERAGE— HONOLULU. 

Sec. 79. APPLICATIONS. Every person, before connecting any 
premises with the public sewers of Honolulu, or who now has his prem- 




Act 39, S. L. 1905, as amended by Act 64, S. L. 1907 and Act 98, S. L. 
1909). City and county has concurrent power, Sec. 343, (Chap. 5. Sec. 
23, par. 1, Act 118, S. L. 1907, as amended by Act 99, S. L. 1909). On in- 
corporation of cemeteries see Org. Act Sec. 55 and R. L. Sec. 2542. On 
disinterments see Sec. 78, (R. L. Sec. 3196, as amended by Act 26, S. L. 
1909). 

30 



ises connected with such sewers shall make application to the superin- 
tendent of public works, upon a prescribed form setting forth the 
location of the premises, name of the owner, name of the occupant, 
nature of the use of such premises and such other information as may 
be necessary in order to determine the charge for the use of such 
sewers in connection with such premises. In order to verify the 
statements of the applicant and to note changes in the use of the 
premises, and for such other purposes as may be necessary in order 
to carry out the provisions of this act, the superintendent of public 
works and his agents may at all reasonable times enter upon such 
premises. (Act 158, S. L. 1911, Sec. 1.) 

Sec. 80. DISPUTES. All disputes as to the amount of charge for 
the use of the sewers, right to connect with the sewer, and all other 
disputes arising in any manner under the provisions of this act shall 
be referred to a circuit judge of the first circuit court at chambers 
^nd such judge shall have full power to make and enter all necessary 
rders in relation thereto, which shall be final. (Act 158, S. L. 1911, 
Sec. 2.) 

Sec. 81. RATES. The rates of charge for the use of such sewers 
shall be as follows: 

j Each plumbing fixture $1.00 per year, other than floor drains, which 
will be $2.50 per year. 

A plumbing fixture, within the meaning of this act, is any recept- 
acle for water or sewerage that requires a trap and waste pipe, and 
onnected with the public sewer. 
ae following fixtures shall be computed as follows: 



teL 



to Sec. 70. 



ceiU. L. Chap. 84, Sees. 1035-1040, as amended by Act 21, S. L. 1905, 

, aled by Act 158, S. L. 1911, which also provided new law on this 

lor ect. See Territory vs. Brown, 19 H. 41, and Territory vs. Tne Bun, 

jsu/:. 267, holding under former statute that a person who had acquiesed 

in he application of its provisions and derived the benefit of use of 

sewers is estopped from setting- up the illegality of the statute in a 

defense against an action brought to recover sewer rates. 

Under former statute, superintendent of public works may require 
applicant for sewer connections to sign an agreement to pay such an- 
nual rates as may be fixed; McCandless vs. Campbell 20 H. 264. In later 
case, McCandless vs. Campbell, 20 H. 411, held that under former statute 
(R. L. Sees. 1036, 1037, 1038, which were held invalid), superintendent is 
not authorized to demand from applicant an agreement to pay rates 
fixed in the discretion of superintendent as a condition precedent to 
issuance of permit to connect with sewer. The imposition of rates is 
now fixed by Act 158. S. L. 1911, leaving intact the power of the board of 
health and of the counties to compel connection with sewers by or- 
dinance or regulation. 

31 



Range closets, by the number of seats, (iy 2 lineal foot of the fixture 
shall constitute a seat). 

Urinals, by the number of stalls. (2^ lineal feet of the fixture 
shall constitute a stall). 

Showers, by the number of stalls. (10 sq. ft. of the floor area of 
the fixture shall constitu'*.^ a stall). 

Laundry tubs, by the number of trays or partitions. 

Basins, the number of bowls. (Act 158, S. L. 1911, Sec. 3.) 

Sec. 82. RATES PAYABLE WHEN. The charges for use of the 
sewers shall be due and payable in advance upon January first and 
July first in each year for the period of six months following such 
dates, respectively. Charges shall be made pro rata for the remainder 
of any such six months period where such use begins after the begin- 
ning of such period. The charges for sewer use shall be payable by the 
owners and occupants of the premises connected with the sewer, 
who shall jointly and severally be liable therefor. Charges for use 
of the sewers for the six months beginning July 1, 1911, and ending 
January 1, 1912, shall be due and payable in advance on July 1, 1911. 
(Act 158, S. L, 1911, Sec. 4.) 

Sec. 83. ALTERATIONS. In case the premises connected with the 
sewer shall be put to a use different in nature or extent from that 
previously charged for, notice thereof in writing shall be given to 
the superintendent of public works, and beginning with the next 
six months period the rates charged shall be in accordance with 
such new use. (Act 158, S. L. 1911, Sec. 5.) 

Sec. 84. DELINQUENT RATES. If any sewer rate shall remain 
unpaid more than fifteen days after it is due, ten per cent in addition 
thereto shall be charged, which shall be collected as part of such 
sewer rate. All unpaid sewer rates shall bear interest at the rate 
of six per cent per annum until paid, and together with interest there- 
on shall be a lien upon the property connected with the sewer, which 
lien shall attach to said property as of the date when the sewer rate 
was due and payable. Such lien may be foreclosed in the same man- 
ner as is now or hereafter may be provided for the foreclosure of tax 
liens. (Act 158, S. L. 1911, Sec. 6.) 



32 



CONTAGIOUS, INFECTIOUS DISEASES. 

Sec. 85. PHYSICIANS TO REPORT. It shall be the duty of every 
physician having a patient infected with cerebro-spinal meningitis, 
cholera asiatic, conjunctivitis follicular, diphtheria, dysentery amoebic, 
enteric (or typhoid) fever, fever para-typhoid, leprosy, measles, dengue, 
paralysis infantile, pertussis, plague, scarlet fever (or scarlatina), 
tetanus, trachoma, tuberculosis, typhus fever, varicella, variola, var- 
ioloid, yellow fever, or any other infectious or communicable or other 
disease dangerous to the public health, to give immediate notice there- 
of to the board of health, or its nearest agent, in writing, and in like 
manner to report to said board, or its agent, every case of death which 
takes place in his practice from any such disease; provided, however, 
that whenever a physician has a patient infected with variola, vario- 
loid, scarlet fever, diptheria, plague, cholera, yellow fever, typhus 
fever, cerebro-spinal meningitis or amoebic dysentery, such physi- 
cian, in addition to the notice in writing required to be given as 
above, shall immediately notify the board of health, or its nearest 
agent, either by telephone or by direct oral communication. Every 
physician who shall refuse or neglect to give such notice, or make 
such report, shall be fined for each offense a sum not less than Ten 
(10) nor more than one hundred dollars ($100.00). (R. L. Sec. 1004 
as amended by Sec. 1, Act 125, S. L. 1911). 

Sec. 86. OTHERS TO REPORT. It shall be the duty of every house- 
holder, keeper of a boarding or lodging house, or master of a vessel, 
to report immediately to the board of health, or its nearest agent, 
any person in or about his house, or vessel, whom they shall have 
reason to believe to be sick, or to have died, of any infectious, com- 
municable or other disease dangerous to the public health; and all 
police officers who are aware of any person suffering from any in- 
fectious, communicable or other disease dangerous to the public 
health, shall immediately report the same to the board of health, or 
its nearest agent. Any such householder, keeper of a boarding or 



Note to Sec. 85. 

Quaere whether penalty of Sec. 265, (R. L. Sec. 1075) could also be 
applied. 

Note to Sec. 86. 

On duty of pilots as to contagious diseases on vessels, see Sec. 91, 
(R. L. Sec. 542); owners and occupants of buildings Sec. 252, (R. L, 
1162). 

33 



lodging house, master of a vessel, or police officer who shall refuse 
or neglect to so report immediately to the board of health, or its 
nearest agent, shall be guilty of a misdemeanor and upon conviction 
shall be fined not more than one hundred dollars ($100.00) for each 
offense. (R. L. Sec. 1005, as amended by Sec. 2, Act 125, S. L. 1911.) 

Sec. 87. DISEASES DECLARED INFECTIOUS AND COMMUNI- 
CABLE. Cerebro-spinal meningitis, cholera asiatic, conjunctivitis 
follicular, diptheria, dysentery amoebic, enteric (or typhoid) fever, 
fever para-typhoid, leprosy, measles, dengue, paralysis infantile, per- 
tussis plague, scarlet fever (or scarlatina), tetanus, trachoma, tuber- 
culosis, typhus fever, varicella, variola, varioloid, yellow fever, are 
hereby declared to be infectious and communicable diseases dangerous 
to the public health, but this enumeration shall not be held to ex- 
clude any other disease that is infectious, communicable, or danger- 
ous to the public health, though not specifically named herein. (R. L. 
Sec. 1005A, as enacted by Sec. 3, Act 125, S. L. 1911.) 

Sec. 88. REMOVAL AND QUARANTINE. When any person shall 
be infected with any infectious, communicable or other disease dan- 
gerous to the public health, the board of health or its agent, may, for 
the safety of the public, remove such sick or infected person to a 
separate house or hospital, and provide him with nurses and other 
necessaries, which shall be at the charge of the person himself, his 
parents, guardian or master, if able, otherwise at the charge of the 
Territory. (R. L. Sec. 1006, as amended by Sec. 4, Act 125, S. L. 1911.) 

Sec. 89. QUARANTINE WITHOUT REMOVAL. If the infected per- 
son cannot be removed without danger to his life, the board of health, 
or its agent, may make provision for him, as directed in the last 
preceding section, in the house in which he may be; and, in such 
case, they may cause the persons in the neighborhood to be removed, 
and may take such other measures as they shall judge necessary for 
the public health and safety. (R. L. Sec. 1007.) 

Sec. 90. MASTER OF VESSEL LIABLE FOR EXPENSE. In case 
any moneys are expended by the board of health for any sick person 



Noie to See. 88. 

See Re segregation of Lepers, 5 H. 163, holding- law authorizing 
segregation of lepers constitutional. 
Note to Sec. 89. 

On power of the board of health to establish quarantine see Sec. 8, 
(R. L. Sec. 988, as amended by Act 132, S. L. 1911), Sec. 9, (Org. Act, 
Sec. 97, Par. 2). 

34 



brought into this Territory in any vessel from abroad, it shall be the 
duty of said board, or its agent, to demand the same from the master 
of the vessel in which such sick person was brought. The master 
of such vessel shall be liable for the amount of the moneys thus 
expended. (R. L. Sec. 1008.) 

Sec. 91. PILOT ASCERTAIN HEALTH CONDITION. Upon the ar- 
rival of any vessel, making the usual marine signal for a pilot, it shall 
be the duty of the pilot or pilots at the port, to immediately put off to 
such vessel, taking with him a white and a yellow flag, to inquire into 
the sanitary condition of the ship, and the health of those on board; 
and upon being assured to his satisfaction that there is no danger to 
be apprehended from any contagious disease, he shall board such 
vessel, but not otherwise. (R. L. Sec. 542.) 

Sec. 92. BRING VESSEL INTO PORT, QUARANTINE, PENALTIES. 
Upon boarding the vessel, the pilot shall present the commanding 
officer with a health certificate to be signed by him, and in case the 
same shall be signed, the white flag shall be immediately hoisted at 
the main, and the pilot shall be at liberty to bring the vessel into 
port; but in case the commanding officer shall decline to sign the 
certificate of health, the pilot shall deliver him a yellow flag, which 
the master shall hoist at the main, and the vessel shall be placed in 
quarantine outside of the harbor, and anchored where the pilot may 
direct. Any pilot who shall conduct a vessel into any port in this 
Territory in violation of the provisions of this section, or any of the 
regulations of the board of health, or knowing that there is just ground 
to suspect the existence of contagion on board, shall be liable to a fine 
not exceeding five hundred dollars; and every vessel, the master of 
Which shall have declined to sign a certificate of health, as above pres- 
cribed, shall, upon entering port, be liable to seizure, confiscation 
and sale. (R. L. Sec. 543.) 

Sec. 93. NOT LAND IF CONTAGIOUS DISEASE ABOARD, PEN- 



Note to Sec. 90. 

On power of board of health to make regulations concerning 
nuisances and infected articles on board vessels, see Sees. 12 and 13, 
(R. L. Sec. 991, as amended by Act 42, S. L. 1905 and by Sec. 2, Act 
132, S. L. 1911). On quarantine see note to Sec. 9. See Gibson vs. Steam- 
er Madras, 5 H. 109. As to what vessels may carry lepers, see Sees. 149, 
150, (R. L. Sees. 1136, 1137, as amended by Act 132, S. L. 1909). See Min- 
ister vs. Hackfeld Co., 4 H. 420. Under former statute, held, in Peter- 
son vs. Carter, 6 H. 283. Steamer arriving with smallpox on board liable 
for expenses of all passengers landed. 

35 



ALTY. If the pilot, after boarding any vessel, shall discover the ex- 
istence of a contagious disease, he shall not return on shore; neither 
shall it be lawful for any of the ship's company or passengers to land, 
or communicate with the shore, or board any other vessel,without 
permission of the board of health, or the superintendent of public 
works, under a penalty of a fine not exceeding five hundred dollars. 
(R. L. Sec. 544.) 

VACCINATION 

Sec. 94. VACCINATION OFFICERS. The board of health shall ap- 
point a suitable person to be vaccinating officer in each of the taxa- 
tion divisions of the Territory, who shall receive such salary as may, 
from time to time, be appropriated by the legislature, and shall be 
removable from office at the pleasure of said board. (R. L. Sec. 1009.) 

Sec. 95. NOTICE OF TIME, PLACE. Each vaccinating officer shall 
appoint at least three convenient places in each school district through- 
out his division, for the performance of vaccination; and from time to 
time, give public notice of the time when he will attend at such places, 
to vaccinate all persons not already successfully vaccinated who may 
then and there appear; and also of the time when he will attend at 
such place, to inspect the progress of such vaccination in the persons 
so vaccinated. (R. L. Sec. 1010, amended by implication by Act 63, 
S. L. 1909.) 

Sec. 96. OFFICERS ATTEND EVERY SIX MONTHS. The vacci- 
nating officers shall visit the several stations appointed by them, at 
least once in every six months, and oftener if required so to do by the 
board of health. (R. L. Sec. 1011.) 

Sec. 97. RECORD, REPORT. The several vaccinating officers shall 
keep a faithful record of their transactions, and make an annual re- 
port of the same to the board of health. (R. L. Sec. 1012.) 

Sec. 98. CHILDREN; WHEN. The father or mother of every child 
shall within six months after the birth of such child, or, in the event 
of the death, illness, or absence of the father or mother, then the 
guardian, nurse or person having charge of such child, shall within 
six months after its birth, or at the earliest opportunity, after, take 
such child to the vaccinating officer, for the purpose of being vacci- 
nated. (R. L. Sec. 1013.) 

Note to Sec. 93. 

See note to Sec. 90. 

36 



Sec. 99. EXAMINED AS TO RESULT. Upon the eighth day, fol- 
lowing the day on which any child has been vaccinated, the father, 
mother, guardian, or other person having charge of said child, shall 
again take such child to the vaccinating officer, that he may ascertain 
by inspection the result of such operation. (R. L, Sec. 1014.) 

Sec. 100. CERTIFICATE. If the vaccination is found to be success- 
ful, the officer shall deliver to the father, mother, or other person hav- 
ing charge of the child, free of charge, a certificate that the child has 
been successfully vaccinated, and shall note the same in a book to be 
kept by such officer for that purpose. (R. L. Sec. 1015.) 

Sec. 101. POSTPONEMENT; WHEN. On the presentation of any 
child to be vaccinated, should the officer deem the child to be in an 
unfit state to be vaccinated, he may postpone the operation at his 
discretion, and give due notice to the parents, or person having charge 
of such child, to reproduce the same for vaccination at a future time. 
(R. L. Sec. 1016.) 

Sec. 102. VACCINATION BY PHYSICIANS; PENALTY FOR 
PARENTS. The vaccination of children required by law may be per- 
formed by the officers appointed for such purpose by the board of 
health, or by duly licensed physicians, at the option of the parents or 
guardians of such children. Every parent or guardian having the 
charge of any child who shall fail to cause such child to be properly 
and successfully vaccinated within the age prescribed by statute, 
shall be liable to a fine of five dollars. (R. L. Sec. 1017.) 

Sec. 103. MANNER OF VACCINATION. No child shall be vacci- 
nated except after an opportunity has been given to the parent or 
guardian to be present at such vaccination, unless such parents or 
guardian shall have consented in writing to such vaccination, and 
then only by a duly licensed and authorized physician who shall use 
for such vaccination bovine virus only, obtained from standard man- 
ufacturers; such vaccination shall be only by means of scarifier and 
points put up in hermetically sealed tubes or other antiseptic recepta- 
cles; each receptacle shall be opened immediately before a scarifier or 
point is to be used, in the presence of the person to be vaccinated^ 
and no scarifier or point shall be used for the vaccination of more 
than one person. (R. L. Sec. 1019, as amended by Act 63, S. L. 1909.) 

Sec. 104. PENALTY. Any person violating any provision of this 
section shall be guilty of a misdemeanor and upon conviction thereof 

37 



shall be punished by a fine not to exceed five hundred dollars or by im- 
prisonment not to exceed one year, or by both such fine and im- 
prisonment. (R. L. Sec. 1019, as amended by Act 63, S. L. 1909.) 

TUBERCULOSIS. 

Sec. 105. CUSPIDORS. Any person or persons who may be the 
proprietor or proprietors, or manager or managers, of a store, factory, 
shop, office, hotel, theatre, or any other kind of a building, wherein 
business with the public is conducted, shall provide cuspidors or spit- 
toons within such place or places of business in sufficient number, 
and shall keep the same disinfected and in a sanitary condition to 
meet the approval of the board of health of the Territory. (Sec. 1, 
Act 118, S. L. 1911.) 

Sec. 106. PROHIBITING SPITTING. No person shall spit or ex- 
pectorate upon any railway passenger coach, street car, side-walk, 
or any building, mentioned in section 105, (Sec. 1, Act 118, S. L. 1911.), 
or any part thereof. (Sec. 2, Act 118, S. L. 1911.) 

Sec. 107. RAILWAYS PROVIDE CUSPIDORS. Any person or per- 
sons who may be proprietors or managers, or any corporation which 
may be the owner of any steam railway passenger coach operated in 
this Territory, shall provide cuspidors or spittoons within such coach 
in sufficient number and shall keep the same disinfected and in a san- 
itary condition to meet the approval of the board of health of the 
Territory. (Sec. 3, Act 118, S. L. 1911.) 

Sec. 108. COMMON DRINKING CUP PROHIBITED. The use of a 
common drinking cup is prohibited in all public places within the 
Territory. (Sec. 4, Act 118, S. L. 1911.) 

Sec. 109. POSTING NOTICES REQUIRED. The proprietors, man- 
nagers and owners hereinbefore mentioned shall keep a copy of sec- 
tions 105, 106, 107 and 108 (Sec. 1, 2, 3 and 4 of Act 118, S. L. 1911,) 
conspicuously posted in each department of such place of business, 
and in any street car or steam railway passenger coach, and, on ap- 
plication, the board of health shall furnish said proprietors or man- 
agers with a printed copy of sections 105, 106, 107 and 108 (Sees. 1, 
2, 3 and 4 of Act 118, S. L. 1911.) (Sec. 5, Act 118, S. L. 1911.) 

Sec. 110. SCHOOL TEACHERS. No person who shall have con- 
tracted tuberculosis shall, while afflicted with such disease, be allowed 

38 



to teach in any public or private school. (Sec. 6, Act 118, S. L. 1911.) 
Sec. 111. REPORTS BY PHYSICIANS AND OTHERS. It shall be 
the duty of every physician in the Territory to report in writing the 
name, age, sex, nationality, occupation, place where last employed, 
if known, and address of every person known by said physician to have 
tuberculosis, to the board of health, or its nearest agent, within 
twenty-four hours after such fact comes to the knowledge of said 
physician. It shall also be the duty of the superintendent in charge 
of any hospital, dispensary, asylum or other similar private or public 
institution to report in like manner the name, age, sex, nationality, 
occupation, place where last employed, if known, and previous address 
of every patient having tuberculosis who comes into his care or under 
his observation, within twenty-four hours thereafter. Sec. 7, Act 
118, S. L. 191.) 

Sec. 112. EXAMINATION OF SPUTUM. It shall be the duty of 
the bacteriologist of the board of health, when so requested by any 
physician, or by the authorities of any hospital or dispensary, to make, 
or cause to be made, a miscroscopical examination of the sputum for- 
warded to said bacteriologist as that of a person having symptoms 
of tuberculosis, which shall be forwarded to such officer accompanied 
by a blank giving name, age, sex, nationality, occupation, place where 
last employed, if known, and address of the person whose sputum 
it is. It shall be the duty of said bacteriologist promptly to make a 
report of the results of such examination, free of charge, to the phy- 
scian or person upon whose application the same is made. (Sec. 8, 
Act 118, S. L. 1911.) 

Sec. 113. PROTECTION OF RECORD. It shall be the duty of the 
board of health to cause all reports made in accordance with the 
provisions of section 111 (Sec. 7, Act 118, S. L. 1911), and also all 
results of examinations showing the presence of the bacilli of tuber- 
losis, made in accordance with the provisions of section 8 of this Act, 
to be recorded in a register. Such register shall remain in the cave, 
custody and control of the board of health and shall not be open to in- 
spection by any person other than the health authorities, and said 
health authorities shall not permit any such report or record to be 



Note to Sec. 111. 

On duty of physicians to report infectious diseases, see also Sec. 
85, (R. L. Sec. 1004, as amended by Sec. 1, Act 125, S. L. 1911); also Sec. 
136, (Sec. 9. Act 81, S. L. 1909). 

39 



divulged so as to disclose the identity of the person to whom it relates, 
except as may be necessary to carry into effect the provisions of this 
act. (Sec. 9, Act 118, S. L. 1911.) 

Sec. 114. DISINFECTION OF PREMISES. In case of the vacation 
of any apartment or premises by the death or removal therefrom of a 
person having tuberculosis, it shall be the duty of the attending phy- 
sician, or if there be no such physician, or if such physician be absent, 
of the owner, lessee, occupant, or other person having charge of the 
said apartments or premises, to notify the board of health or its 
nearest agent of said death or removal within twenty-four hours 
thereafter, and such apartments or premises so vacated shall not 
again be occupied until duly disinfected, cleansed or reno/it d as 
hereinafter provided. (Sec. 10, Act 118, S, L. 1911.) 

Sec. 115. BOARD OF HEALTH OR ITS AGENTS TO DIRECT 
DISINFECTION, CLEANSING, OR RENOVATION, AND PROHIBIT 
OCCUPANCY. When notified of a vacation of any apartments or 
premises as provided in section 114 (Sec. 10, Act 118, S. L. 1911,) the 
board of health shall, within twenty-four hours thereafter cause one of 
its agents to visit said apartments or premises, and shall order and 
direct that, except for purposes of cleansing or disinfection, no in- 
fected article shall be removed therefrom until properly and suitably 
cleansed or disinfected, and the board of health or its agent shall 
determine the manner in which such apartments or premises shall be 
disinfected, cleansed or renovated in order that they may be rendered 
safe and suitable for occupancy. If the board of health or its agent 
determine that disinfection is sufficient to render them safe and suit- 
able for occupancy, such apartments or premises, together with all in- 
fected articles therein, shall immediately be disinfected by the board 
of health or its agent at public expense, or, if the owner prefers, by 
the owner at his expense, to the satisfaction of the board of health 
or its agent. Should the board of health or its agent determine that 
such apartments or premises are in need of thorough cleansing and 
renovation, said board or its agent shall cause a notice in writing to 
this effect to be served upon the owner or agent of said apartments 
or premises, to renovate and cleanse the same at his or their own 
expense, within such reasonable time as the board may deem proper; 
a duplicate of the notice so served shall be left with one or more of 
the tenants or occupants, if any, of the apartments or premises; if 
the owner resides out of the Territory or cannot be reached speedily, 

40 



notice left at the apartments or posted on the premises shall be deemed 
sufficient; and if the owner or owners thus notified shall not comply 
with such notification or order of the board of health or its agent 
withyi the time specified, the board or its agent shall proceed to reno- 
vate and cleanse the same and shall have a right to recover by action 
the expenses incurred by it in such renovation and cleansing frcm the 
owner or owners, tenants or occupants of such apartments or premises 
who, after notice as aforesaid, shall have failed to renovate and 
cleanse the same in the manner and within the time specified in such 
notice; and the board or its agent may cause a placard in words and 
form, substantially as follows, to be placed upon the door of the in- 
fected apartment or premises: 

"Tuberculosis is a communicable disease. These apartments have 
been occupied by a consumptive and may be infected. They must not 
be occupied until the order of the Board of Health or its agent direct- 
ing their disinfection or renovation has been complied with. This 
notice must not be removed under the penalty of the law, except by 
the agents of the Board of Health." (Sec. 11, Act 118, S. L. 1911.) 

Sec. 116. PROHIBITING CARELESSNESS OF A PERSON HAV- 
ING TUBERCULOSIS. Any person having tuberculosis who shall dis- 
pose of his sputum, saliva or other bodily secretion or excretion so 
as to cause offense or danger to any person or persons occupying the 
same room or apartment, house, or part of a house, on complaint of 
any person or persons subjected to such offense or danger, be deem- 
ed guilty of a misdemeanor, and any person subjected to an offense 
may make complaint in person or In writing to the board of health 
or its nearest agent. It shall be the duty of the board of health or 
its agent on receiving such complaint to investigate, and if it appears 
that the offense complained of is such as to cause offense or danger 
to any person occupying the same room, apartment, house, or part 
of a house, said board of health or agent shall serve notice upon the 
person so complained of, reciting the alleged cause of offense or 
danger and requiring him to dispose of his sputum, saliva or other 
bodily secretion or excretion in such manner as to remove all reason- 
able cause of offense or danger. Any person failing or refusing to 
comply with orders or regulations of the board of health or its agent 
requiring him to cease to commit such offense, shall be deemed guilty 
of a misdemeanor, and on conviction thereof shall be fined not more 
than ten dollars ($10.00.) (Sec. 12, Act 118, S. L. 1911.) 

41 



Sec. 117. PHYSICIANS; PRECAUTIONS; INSTRUCTIONS. It 

shall be the duty of a physician attending a patient having tuberculosis 
to take all proper precautions and to give proper instructions to pro- 
vide for the safety of all individuals occupying the same house or 
apartment. (Sec. 13, Act 118, S. L. 1911.) 

Sec. 118. PROVIDING THAT PHYSICIANS SHALL MAKE A COM- 
PLETE STATEMENT OF PROCEDURE AND PRECAUTIONS ON A 
BLANK TO BE FURNISHED BY THE BOARD OF HEALTH. It shall 
be the duty of the board of health to transmit to a physician report- 
ing a case of tuberculosis, as provided in section 111, (Sec. 7, Act 112, 
S. L. 1911), a printed statement and report, in a form approved by the 
board of health, naming such precedure and precautions as in the 
opinion of the board of health are necessary or desirable to be taken 
on the premises of a tuberculosis patient. It shall be the duty of the 
board of health to keep on hand an ample supply of such statements 
and reports and to furnish the same in sufficient numbers to all phy- 
sicians. Upon the receipt of such statement and report, the physician 
shall carry into effect all such procedure and the precautions as are 
therein prescribed, and shall thereupon sign and date the same and 
return it to the board of health or its nearest agent. (Sec. 14, Act 118, 
S. L. 1911.) 

Sec. 119. REPORTING RECOVERY OF PATIENT. Upon the re- 
covery of any person having tuberculosis, it shall be the duty of the 
attending physician to make a report of this fact to the board of 
health or its agent, who shall record the same, and shall relieve said 
person from further liability to any requirement imposed by this Act. 
(Sec. 15, Act 118, S. L. 1911.) 

Sec. 120. VIOLATIONS; PENALTY. Any person violating any of 
the provisions of this act shall be deemed guilty of a misdemeanor 
and upon conviction thereof shall be punished, except as herein other- 
wise provided, by a fine of not more than one hundred dollars 
($100.00). (Sec. 16, Act 118, S. L. 1911.) 

Sec. 121. REGULATIONS. For the purpose of carrying out the 
provisions of this act the board of health, with the consent of the 
governor, may make such regulations as it shall deem necessary 
which, when published in accordance with section 14, (R. L. Sec. 992), 
shall have the force of law and shall be deemed notice to all persons. 
(Sec. 17, Act 118, S. L. 1911.) 

42 



LEPROSY. 

Sec. 122. GOVERNMENT LAND FOR. .The president of the board 
of health is authorized, with the approval of the said board, to reserve 
and set apart any land or portion of land owned by the government, 
for a site or sites of an establishment or establishments to secure the 
isolation and seclusion of such leprous persons as in the opinion of 
>the board of health or its agent may, by being at large, cause the 
spread of leprosy. (R. L. Sec. 1120.) 

Sec. 123. ACQUIRING OTHER LAND. The president of the board 
of health, acting with the approval of said board, may acquire for the 
purpose stated in the preceding section, by purchase or exchange, any 
piece or pieces, parcel or parcels, of land, which may seem better 
adapted to the use of lepers than any land owned by the government. 
(R. L. Sec. 1121.) 

Sec. 124. HOSPITALS. The board of health is authorized to make 
arrangements for the establishment of hospitals on each island where 
leprous patients in the incipient stages may be treated in order to 
attempt a cure; and the said board and its agents shall have full 
power to discharge all such patients as it shall deem cured, and to 
send to a place of isolation contemplated in section 121 (R. L. Sec. 
1120), all such patients as shall be considered incurable or capable of 
spreading the disease of leprosy. (R. L. Sec. 1126.) 



Note to Sec. 122. 

See Re segregation of Lepers, 5 H. 162, holding law authorizing seg- 
regation of lepers constitutional. Capability to spread disease of leprosy 
need not be absolutely demonstrated, opinion of board of health suf- 
ficient; Iu re Kaipu, 2 U. S. Dist. Ct. H. 227. See also In re Maunakea, 
19 H. 218, holding the preceedure taken in that case under R. L. 1122 
and 1122A, irregular. R. L. 1122 was amended by Act 122, S. L. 1907 
and both R. L. 1122 and R. L. 1122A, which were enacted by Act 122. 
S. L. 1907, were repealed by Act 81, S. L. 1909, which created new law 
on this subject. Lepers are exempt from personal taxes, Act 93, S. L. 
1907. Leprosy ground for divorce, R. L. 2228, also R. L. 2230, as amend- 
ed by Act 19, S. L. 1905, Act 72, S. L. 1907, Act 109, S. L. 1907, and Act 
25, S. L. 1909. Prima facie proof of leprosy in divorce cases, R. L. 2232, 
as amended by Act 19, S. L. 1905. Compensation residents of Kalawao, 
Act 3, S. L. 1909. Purchase beef cattle Act 47, S. L. 1911. What vessels 
authorized to carry lepers. Act 132, S. L. 1909. 

For organization of County of Kalawao under jurisdiction of board 
of health see Sec. 161, (Sec 2, Chap. 2, Act 39, S. L. 1905. 

Practice of medicine act not to be construed to amend or repeal law 
regarding leprosy, Sec. 259, (R. L. Sec. 1069, amended by Act 133, S. L. 
1909). 

Note to Sec. 124. 

On joint resolution asking federal appropriation $150,000 federal 
leprosarium, see joint resolution in S. L. 1905, p. 253. 

43 



Sec. 125. PERMITS TO TREAT LEPERS. The board of health 
may permit any person to engage in the treatment of lepers or of 
persons supposed to have leprosy. Such permits shall be under such 
conditions and regulations as the board shall prescribe, and be re- 
vocable at the pleasure of the board. (R. L. Sec. 1127.) 

Sec. 126. HOSPITAL ON OAHU. There shall be established at 
and on such place on the Island of Oahu, Territory of Hawaii, as the 
governor shall direct, a hospital for the care of persons afflicted with 
leprosy, there to receive such treatment as shall be provided or ap- 
proved by the board of health. (Sec. 1, Act 81, S. L. 1909.) 

Sec. 127. TREATMENT AT HOSPITAL. At such hospital every 
reasonable effort shall be made to effect a cure of the patients, and 
such patients shall be cared for as well as circumstances will permit 
and given such liberties as may be deemed compatible with public 
safety. They shall be treated by such licensed physician or physicians 
as the board shall designate, but if any patient so prefers, he may be 
treated at his own expense by a licensed physician of his own selec- 
tion under such conditions as the board may prescribe. Any person 
may, at any time, secure free of charge at such hospital an examina- 
tion for the purpose of determining whether or not he is a leper, and 
in case he is found not to be a leper the board shall upon request fur- 
nish him with a certificate setting forth such fact, the date of exami- 
nation and the name or names of the physician or physicians making 
such examination. (Sec. 2, Act 81, S. L. 1909.) 

Sec. 128. NOTIFICATION. Every person who knows, or has rea- 
son to believe, that he, or any other person, not already under the 
care or control of the board of health, is a leper, shall forthwith re- 
port to the board or its authorized agent, that fact and such other in- 
formation relating thereto as he may have and the board may require. 
(Sec. 3, Act 81, S. L. 1909.) 

Sec. 129. EXAMINATION. Any person so reported, or otherwise 
believed to be a leper, may be examined at any time and place and by 
any physician or physicians that may be agreed upon by him and the 
board or its agent. The board or its agent may, however, instead re- 
quest such person to appear at a designated time and place not less 
than five days thereafter and then and there to submit to an examina- 
tion by a designated physician for the purpose of ascertaining whether 
such person is a leper. If, however, such person prefers such examina- 

44 



tion to be made by more than one physician, he may so notify the 
board or its agent at any time before the time so designated and may 
at the same time, or within such further time as the board or its agent 
may allow, designate to the board or its agent one licensed physician 
in which case the board or its agent shall within five days thereafter 
designate to such physician a second licensed physician and at the 
same time so notify such person and such second physician, and the 
two physicians so designated shall within five days thereafter designate 
to the board or its agent a third licensed physician, and if they fail 
to do so, such third physician shall be designated by the circuit judge 
of the circuit in which the examination is to be held and in the case 
of the first circuit by the first circuit judge; and in case such person 
shall fail to designate a physician within the time allowed, all three 
physicians shall be designated by such judge; notice of any such 
designation or designations by a judge shall be given forthwith to such 
person and to the board or its agent; when the three physicians have 
been so designated, such examination shall be made by them or a 
majority of them at a convenient time and place designated by the 
board or its agent, reasonable notice of which shall have been given 
by the board or its agent to, such person and such physicians. The 
physician or physicians who make the examination shall report to 
the board or its agent whether in his or their opinion such person is 
a leper. If such person is under the age of sixteen years, his parent 
or guardian, if any, may exercise such preference and thereafter rep- 
resent, such person as far as may be for the purpose of this section. If 
upon such examination such person is found not to be a leper, the 
board shall furnish him upon request a certificate setting forth such 
fact, the date of examination, and the name or names of the physician 
or physicians making the examination. (Sec. 4, Act 81, S. L. 1909.) 

Sec. 130. TRANSFER TO HOSPITAL. If upon such examination 
such person is found by such physician or physicians or a majority of 
them to be a leper, he may be transferred by the board or its agent 
to such hospital. If he shall refuse or fail to appear and submit to 
any such examination at the time and place designated or agreed, he 
may be arrested and taken to such hospital upon a warrant issued by 
any circuit or district magistrate upon a sworn complaint setting forth 
the necessary facts and shall there be examined as near as may be 
as provided in section 128. (Sec. 4, Act 81, S. L. 1909.) All lepers 

45 



at such hospital shall remain in the custody of the board or its agent 
until lawfully discharged or removed by its direction or permission. 
(Sec. 5, Act. 81, S. L. 1909.) 

Sec. 131. PAROLE. The board of health shall have full authority 
when in its opinion it shall deem such course advisable to permit or 
direct any person detained at the Kalihi Hospital or at the settlement 
at Molokai to go therefrom to such other place or places and for such 
time or times as the board may designate, but no such direction or 
permission shall be construed as a discharge of said person under the 
provisions of act 81 of the session laws of 1909. All such persons 
shall have all the rights and privileges, and be subject to all the obli- 
gations of said act 81, except only as otherwise expressly provided 
herein. (Act 113, S. L. 1911.) 

Sec. 132. REMOVAL TO SETTLEMENT. Any leper may be re- 
moved from such hospital or any other place to the leper settlement 
at any time with his consent; but no leper shall be so removed until 
he has been at such hospital for at least six months unless, in the 
opinion of at least three licensed physicians he cannot be materially 
benefited by further treatment there, provided that any leper whose 
custody it has been necessary to obtain by arrest or who is unwilling 
to receive such treatment or to submit to such rules and regulations 
as the board may approve or prescribe may be so removed at any time. 
When so removed he shall remain in the custody or control of the 
board until lawfully discharged. (Sec. 6, Act 81, S. L. 1909.) 

Sec. 133. DISCHARGE. Any person detained as a leper, whether 
at the hospital or at the settlement, shall be released whenever the 
board shall be satisfied in any way that he is not a leper. Upon the 
request of any such person at any time not less than one year after 
any previous examination, he shall be examined by three licensed phy- 
sicians to be chosen in the manner provided in section 129, (Sec. 4, 
Act 81, S. L. 1909.) A decision by a majority of the examining physic- 
ians that he is not a leper shall entitled him to a discharge. (Sec 7 
Act 81, S. L. 1909.) 

Sec. 134. AID TO PERSONS DISCHARGED FROM THE SETTLE- 
MENT, There shall be and hereby is appropriated the sum of five 
thousand dollars ($5,000.00) from the public treasury for the purpose 
of aiding indigent persons who have been segregated at the leper set- 
tlement, on Molokai, and who were examined since April 1, 1909, and 

46 



found free of the disease, known as leprosy, and ordered to leave the 
Settlement, which shall be drawn upon from time to time, by the presi- 
dent of the board of health in such amounts as may be allowed by the 
board of health for the relief of such persons. (Act 95, S. L. 1911, 
approved April 17, 1911.) 

Sec. 135. EXPENSES; RULES SEGREGATION AND TREATMENT 
OF LEPERS. The board shall bear all expenses of travel and other 
necessary expenses incurred under this act; and may prescribe all 
rules, regulations and forms and perform all acts necessary and proper 
for carrying out its provisions. (Sec. 8, Act 81, S. L, 1909) 

Sec. 136. PENALTY. Any physician or police or other officer who 
shall violate the provisions of section 129, (Sec. 3, Act 81 S. L. 1909), 
of this act shall be liable to a penalty of not more than one hundred 
dollars and in addition thereto to forfeiture of his license to practice, 
or to removal from office as the case may be. (Sec. 9, Act 81, S # L. 
1909.) 

Sec. 137. The sum of forty thousand dollars is hereby appropriated, 
out of the moneys in the treasury received from the general revenues, 
for a hospital to be erected under this act. (Sec. 11 Act 81, S. L. 1909.) 

Sec. 138. CONCEALING LEPERS, PENALTY. Whoever shall know- 
ingly detain or harbor upon premises subject to his control, or shall in 
any manner conceal or secrete, or assist in concealing or secreting any 
person afflicted with leprosy, with the intent that such person be not 
discovered by or delivered to the board of health or its agents; or 
who shall support or assist in supporting any person having leprosy 
living in concealment, shall be deemed guilty of a misdemeanor, and 
shall, on conviction thereof be liable to a fine of not more than one 
hundred dollars. (R. L. Sec. 1123.) 

Sec. 139. POLICE TO REPORT LEPERS. It shall be the duty of 
every police officer or deputy sheriff having reason to believe that any 
person within his district is afflicted with leprosy, to report the same 
forthwith to the agent of the board of healh in such district, if any, 
otherwise to the nearest agent of the board of health. (R. L Sec. 
1124.) 

Sec. 140. PENALTY. Any police officer or deputy sheriff who shall 
wilfully fail to comply with the provisions of section 139 (R. L. Sec, 



Note to Sec. 134. 

For compensation lepers whose property at Kalawao was taken for 
federal purposes, see Act 3. S. L. 1909. 

47 



1124) shall be deemed guilty of a misdemeanor, and, upon conviction 
thereof, shall be fined in a sum not less than ten dollars nor more than 
two hundred dollars, and shall be dismissed from office. (R. L. Sec. 
1125.) 

Sec. 141. LABOR REQUIRED OF PATIENTS: REGULATIONS. 
The board of health or its agents may require from patients such rea- 
sonable amount of labor as may be approved of by the attending 
physicians; and may further make and publish such rules and regula- 
tions as by the said board may be considered adapted to ameliorate 
the condition of lepers, which said rules and regulations shall be pub- 
lished and enforced as in sections 14 and 15 provided. (R. L. Sees. 
992 and 993). (R. L. Sec. 1128.) 

Sec. 142. LEPERS EXEMPT FROM TAXATION. Any person who 
has been declared by the Territorial board of health to be a leper and 
is detained and confined as such at the leper settlement, County of 
Kalawao, shall, so long as he or she is so detained and confined, be 
exempt from the payment of the following taxes ,to wit: "Personal 
Property," "Personal Taxes" and "Specific Taxes." (Act 93, S. L. 1907.) 

Sec. 143. REGULATIONS. It shall be lawful for the board of health' 
through its president, to make and promulgate such rules and regula- 
tions as may be from time to time necessary for the government and 
control of the lepers placed under their charge, and such rules and 
regulations shall have the same force and effect as a statute law of 
the Territory; provided, always, that the sanction of the governor be 
given thereto, and that they be published in two newspapers, pub- 
lished in Honolulu, one in the Hawaiian, the other in the English 
language. (R. L. Sec. 1129.) 

Sec. 144. WHO ALLOWED AT SETTLEMENT. No person, not be- 
ing a leper, shall be allowed to visit or remain upon any land, place 
or inclosure set apart by the board of health for the isolation and con- 
finement of lepers, without the written permission of the president 
of the board, or some officer authorized thereto by the board of health, 
under any circumstances whatever, and any person found upon such 
land, place or inclosure without a written permission, shall, upon con- 
viction thereof, be fined in a sum not less than ten nor more than one 



Note to Sec. 143. 

On rules see Sees. 125, (R. L. Sec. 1127), 143, (R. L. 1128), 146, (R. L. 
1135); and on rules in general Sec. 12. (R. L. 991 as amended by Act 
42, S. L. 1905, and by Sec. 2, Act 132, S. L. 1911). 

48 



hundred dollars for such offense, and in default of payment, be im- 
prisoned until the fine and costs of court are discharged in due course 
of law. (R. L. Sec. 1131, as amended by Act. 33, S. L. 1905.) 

Sec. 145, KOKUAS OR HELPERS. CONTROL OF. Voluntary 
helpers or kokuas living with lepers segregated by the board of health 
may be by such board declared infected with the disease of leprosy, and 
capable of communicating the same to others. All such kokuas are 
hereby placed under the control of the board of health and may be pre- 
vented by it from intermingling with those free from the disease. (R. 
L. Sec. 1132.) 

Sec. 146. REGULATIONS; KOKUAS, The board of health, with 
the consent of the governor, is empowered to make and promulgate 
such rules and regulations in regard to said helpers or kokuas for 
their care, discipline and maintenance as may be deemed necessary, 
which rules and regulations shall have the force and effect of law 
when promulgated (R. L. Sec. 1133). 

Sev. 147. DUTIES: KOKUAS. Every kokua who has heretobefore 
received permission, or who may hereafter get permission to go to the 
leper settlement, according to law, shall perform the duties of kokua 
to his leper friends as provided in section 148, (R. L Sec. 1135), and in 
no other way. (R. L. Sec. 1134.) 

Sec. 148. SAME: PENALTY. The duties to be performed by the 
kokuas of the lepers shall be that they must take care of the leper or 
lepers that they went there to assist, and go and get and prepare in 
suitable manner all food and other supplies that are furnished by the 
Territory to the lepers, and attend to the clothing and other things 
that would contribute to the comfort of the lepers whose kokuas they 
are. And said kokuas shall also perform such labor and service as 
may be required by the board of health when requested to do so by 
the superintendent of the leper settlement, for which services they 
shall be paid such wages as are deemed fair and just by the board of 
health, such wages to be not less than fifty cents per diem. And any 
kokua refusing to perform such labor as above stated, or who shall vio 
late any rule or regulation of the board of health, shall be liable on 
conviction to expulsion from the settlement. (R L. Sec. 1135.) 

Sec. 149. WHAT VESSELS TO CARRY. No steam coasting vessel 
licensed to carry passengers and engaged in the regular performance 
of that business, according to published schedule of sailing times, and 

49 



whose gross tonnage exceeds five hundred tons, shall be compelled or 
allowed while so engaged to carry to or from any part or place in the 
Territory of Hawaii any leper or any person or persons suffering from 
any contagious or infectious disease. (R. L. Sec. 1136 as amended by 
Act 132, S. L. 1909.) 

Sec. 150. PENALTY. The master or owner of any such vessel 
knowingly violating the provisions of section 149, (R. L. Sec. 1136 as 
amended by Act 132, S. L. 1909), shall be guilty of a misdemeanor, and 
upon conviction shall be fined in a sum not to exceed two hundred dol- 
lars. (R. L. Sec. 1137.) 

Sec. 151. POWER TO CONDEMN. The superintendent of public 
works is authorized and empowered to enter upon and take possession 
of and hold for the use of the Territory, such land, real estate and 
property wheresoever situated on the island of Molokai, in the Terri- 
tory of Hawaii, as may be required by the board of health for the seg- 
regation and confinement of lepers, or for other purposes of the board 
of health. (R. L. 1138.) 

Sec. 152. NOTICE, TAKING POSSESSION. Whenever the board 
of health may require any parcel of land or property on the island of 
Molokai for any such purpose, the president of the board shall so in- 
form the superintendent of public works in writing, stating the loca- 
tion and area of such land or property so far as may be known to him, 
and the purpose for which the same is required, with a request that 
the same be acquired by the Territory. If upon receipt of such request 
and information the said superintendent shall deem the same to be 
reasonable and proper, he shall, after first giving thirty days written 
notice to the occupants of such land or property, take possession of the 
same for the use of the Territory; Provided, however, that if such 
land or property is not actually occupied by any person, the said super- 
intendent may take immediate possession of the same. (R. L. Sec # 
1139.) 

Sec. 153. APPRAISED BY COMMISSIONERS, WHEN. Whenever 
the superintendent of public works shall proceed to take possession of 
any land or property under the provisions of sections 151 to 160, (R. L. 
Sees. 1138-1147), he shall first endeavor to agree with the owners (if 
known to him) of such land or property upon the amount to be paid 
them for the land or property taken or proposed to be taken, or to 
compromise with them, and in case of failure to agree with them he 

50 



shall appoint three competent and disinterested persons to act as com- 
missioners to ascertain and determine such compensation. (R. L Sec. 
1140.) 

Sec. 154. NOTICE OF HEARING. The commissioners so appointed 
shall give notice to the owners, if known to them and resident within 
the Territory of Hawaii, whose property has been taken or is proposed 
to be taken. If the owners of such land or property be unknown or 
cannot be served by reason of non-residence or other cause, then a 
notice posted in a conspicuous place on the land or property, or left 
at the owner's, occupant's, tenant's or agent's residence shall be 
deemed sufficient notice. Such notice may be in general terms and ad- 
dressed to all persons interested. (R. L. Sec. 1141.) 

Sec. 155. HEARING, DECISION. Such notice shall describe the 
land or property taken or proposed to be taken, and state the time and 
place at which the commissioners will meet to hear the claimants and 
take evidence as to the amount of compensation to which they are en- 
titled. At every such meeting the commissioners shall take such tes- 
timony as they deem necessary, and they or a majority of them shall 
determine upon the proper compensation to be made. The decision 
arrived at by the commissioners shall be final and binding unless an 
appeal is taken as hereafter in this chapter provided. The commis- 
sioners shall have power to administer oaths, subpoena witnesses and 
grant continuances in like manner as district magistrates. (R. L. Sec. 
1142.) 

Sec. 156. CERTIFICATE OF APPRAISEMENT. The commission- 
ers, or a majority of them, shall make, subscribe and file with the su- 
perintendent of public works, within such reasonable time as shall be 
fixed upon by said superintendent, a certificate of their findings and 
appraisement, in which the land or, property so valued shall be de- 
scribed with convenient accuracy and certainty _ (R. L. Sec. 1143.) 

Sec. 157. PAYMENT. Upon the filing of the certificate as provided 
in the preceeding section, the superintendent of public works may pay 
to the person or persons named in the certificate the several amounts 
determined upon by the commissioners, out of any appropriation avail- 
able for the purpose; provided, always, that either party feeling ag- 



Note to Sec. 156. 

On powers of district magistrate in these respects, see R. L. Sec. 
1663. See also In re Atcherly, 19 H. 346. 

51 



grieved by the decision of the commissioners may appeal to the circuit 
court of the first judicial circuit. (R. L. Sec. 1144.) 

Sec. 158. APPEAL. All appeals must be taken within twenty days 
after the date of the filing of the certificate with the superintendent of 
public works by filing with the commissioners a written notice of ap- 
peal, and filing with the clerk of the judiciary department a bond in 
the sum of fifty dollars, conditioned to secure payment of future costs; 
provided, however, that fifty dollars in money may be deposited in lieu 
of a bond. Such appeal shall not prevent the superintendent from re- 
taining or taking possession of the land or property mentioned and 
valued in the certificate. (R. L. Sec. 1145.) 

Sec. 159. RECORDING DECISION. A copy of the final appraise- 
ment or decision duly certified by the superintendent of public works 
under the seal of his office shall be recorded in the office of the regis- 
trar of conveyances, and shall operate as a deed of conveyance in fee 
simple from the owners of the land or property to the Territory of 
Hawaii. (R. L. Sec. 1146.) 

Sec. 160. COMMISSIONERS, PAY, VACANCIES. The superintend- 
ent of public works shall, on receiving the certificate of appraisement 
pay to the commissioners such reasonable compensation for their ser- 
vices as he shall determine upon, and he shall have power to fill any 
vacancy in their number caused by death or otherwise. (R L. Sec. 
1147.) 

Sec. 161. All that portion of the Island of Molokai, known as Kalau- 
papa, Kalawao and Waikolu, and commonly known or designated as the 
leper settlement, shall not be or form a portion of the County of Maui, 
but shall be and is hereby constituted a county in itself, and as such 
shall have only the powers especially conferred and given by chapter 
two of this act and shall be known as the County of Kalawao and, ex- 
cept as provided in said chapter two, none of the provisions of this act 
or any other act relating to counties shall be deemed to refer to or 
shall be applicable to the said County of Kalawao. (Act 39, S. L. 1905, 
Chap. 1, Sec. 5.) 

Sec. 162. COUNTY UNDER BOARD OF HEALTH. The County of 
Kalawao shall be under the jurisdiction and control of the Territorial 
board of health and be governed by the laws, rules and regulations aow 
in force or which may hereafter be enacted or lawfully made relating 
to said board of health and the care and segregation of lepers, except 
as herein limited. (Act 39, S. L. 1905, Chap. 2, Sec. 2.) 

52 



Sec. 163. NO COUNTY OFFICER EXCEPT SHERIFF. There shall 
be no county officer in said county other than a sheriff, who shall be 
a resident of and be appointed in said county by the board of health 
and who shall hold office at the pleasure of said board or until his suc- 
cessor is appointed by said board. (Act 39, S. L. 1905, Chap 2, Sec. 3, 
as amended by Act. 134, S. L. 1911, taking effect Jan. 1, 1913.) 

Sec. 164. SHERIFF SALARY FIXED BY BOARD. The salary of 
the sheriff shall be fixed and paid by the said board of health out of the 
appropriation allowed by the legislature for the care and segregation 
of lepers. (Act 39, S. L 1905, Chap. 2, Sec. 4.) 

Sec. 165. SHERIFF: DUTIES. The sheriff of the County of Kala- 
wao shall preserve the public peace and shall arrest and take before 
the magistrate for examination all persons who attempt to commit or 
have committed a public offense and prosecute the same to the best 
of his ability. (Act 39, S. L. 1905, Chap 2, Sec. 5.) 

Sec. 166. SHERIFF APPOINTS POLICEMEN. Said sheriff shall 
have power to appoint and dismiss and re-appoint at his discretion five 
policemen for the county who, for the services rendered as policemen, 
shall receive such pay as the said board of health shall determine and 
which pay shall be taken out of and from the appropriations made by 
the legislature for the care and segregation of lepers and he shall have 
such other powers and duties as are prescribed by law for the sheriffs 
of the several counties respectively. (Act 39, S. L. 1905, Chap 2, Sec. 6.) 

ADULTERATED FOODS AND DRUGS. 

Sec. 167. MANUFACTURE, SALE, PROHIBITED. No person shall 
within the Territory of Hawaii manufacture, offer for sale, keep for 
sale or sell, any drug or article of food which is adulterated or mis- 
branded within the meaning of this chapter. (R. L Sec. 1041, as 
amended by Act 77, S. L. 1911.) 



Note to Sec. 167. 

On adulteration of foods and drugs, see also Sees. 190, 191, (R. L. 
Sees. 3022 and 3023.) and Sec. 192, (R. L. Sec. 3024, as amended by Act 
33, S. L. 1905); on adulterated milk, Sees. 186, 187, (R. L. Sees. 1388, 1389). 
Oleomargarine, etc., Sees. 188, 189, (R. L. Sees. 3026, 3027); adulterated 
wines and liquors, Sees. 194-200, (Sees. 47-53, Act 119, S. L. 1907); Manu- 
facture of poi, Sees. 182-185, (Sees. 1-4, Act 101, S. L. 1911); Manufacture 
of food products, Sees. 178-181, (Sees. 1-4, Act 117, S. L. 1911). On regu- 
lations governing places where food stuffs are manufactured see Sec. 
12, (R. L. Sec. 991, as amended by Act 42, S. L. 1905 and Sec. 2, Act 
132, S. L. 1911), and note to Sec. 13; for sale of poisons, note to Sec. 201. 

53 



Sec. 168. "DRUG," "FOOD," DEFINED. The term "drug" as used 
in this chapter shall include all drugs, medicine or medical prepara- 
tions for external or internal use, antiseptics, antiseptic dressings, dis- 
infectants and cosmetics. The term "food" as used herein shall include 
all articles used for food or drink by man, whether simple, mixed or 
compound. (R. L Sec. 1042.) 

Sec. 169. MISBRANDING DEFINED. Any drug or article of food 
or article which enters into the composition of food shall be deemed 
to be misbranded within the meaning of this chapter if the package or 
label containing or marking the same shall have thereon, or contain 
any statement, design or device regarding such drug or article, or the 
ingredients or substances therein contained, which is false or mislead- 
ing in any particular, and if any such drug or article is falsely branded 
or labeled as to the state, territory or county in which it is manufac- 
tured or produced. (R. L. Sec. 1042A, Sec. 2, Act 77, S. L # 1911.) 

Sec. 170. ADULTERATION DEFINED. An article shall be deemed 
to be adulterated within the meaning of this chapter: 

(a) In the case of drugs: 

(1) If, when manufactured, sold, offered for sale or kept for sale, 
under or by a name recognized in the United States Pharmacopoeia, 
it differs from the standard of strength, quality or purity laid down 
therein: (2) if, when manufactured, sold, offered for sale or kept for 
sale, under or by a name not recognized in the United States Pharma- 
copoeia, but which is found in some other pharmacopoeia, or other 
standard work on materia medica, it differs from the standard of 
strength, quality or purity laid down in such work: (3) if its strength, 
quality or purity falls below the professed standard under which it is 
sold; (4) if it contains any substance inimical or dangerous to life 
without the same being duly stated on the label or wrapper: 

(b) In the case of food: 

(1) If any substance or substances have been mixed with it so as 
to lower or depreciate or injuriously affect its quality, strength or 
purity; (2) if any inferior or cheaper substance or snbstances have 
been substituted wholly or in part for it; (3) if any valuable or neces- 
sary constituent or ingredient has been wholly or in part abstracted 
from it; (4) if it is an imitation of, or is manufactured, sold, kept for 
sale or offered for sale under the name of another article; (5) if it 
consists wholly or in part of a diseased, decomposed, putrid, infected, 

54 



tainted or rotten animal or vegetable substance, whether manufac- 
tured or not; (6) in the case of milk, if it is the produce of a diseased 
animal, or if it contains less than eleven and a half per centum of total 
solids or two and a half per centum of butter fat, or if it contains any 
preservations or antiseptic; (6a) in the case of cream, if it contains 
less than eighteen per cent of butter fat, or if it contains any preserva- 
tive or antiseptic; (6b) in the case of ice cream, if it contains less than 
fourteen per cent of butter fat, except in the case of fruit or nut ice 
cream, in which cases it shall contain not less than twelve per cent 
of butter fat; (6c) in the case of poi, if it contains less than thirty per 
cent of total solids; (7) if it is colored, coated, polished or powdered 
whereby damage or inferiority is concealed, or if by any means it is 
made to appear better or of greater value than it really is; (8) if it 
contains any added substance or ingredient which is poisonous or in- 
jurious to health, or any deleterious substance not a necessary in- 
gredient in its manufacture; provided that the provisions of this chap- 
ter shall not apply to mixtures or compounds recognized as ordinary 
articles of food, if the same be distinctly labeled as mixtures or com- 
pounds, and are not injurious to health, and contain no ingredient not 
necessary to the preparation of a genuine article of such mixture or 
compounds, and from which no necessary ingredient in its preparation 
is eliminated. (R. L. Sec. 1043, as amended by Sec. 3, Act 77, 3. L. 
1911.) 

Sec. 171. COMMISSIONER, APPOINTMENT, BOND. To carry out 
the provisions of this chapter, the board of health shall appoint a daty 
qualified food commissioner or analyst, who shall receive such salary 
as the legislature may from time to time appropriate, and who stall 
furnish good and sufficient bonds of not less than two thousand dollars 
for the proper and unprejudiced performance of his duties, and who 
shall be provided by the board of health with the necessary apparatus, 
together with a proper office and laboratory for work. (R. L. Sec. 
1044.) 

Sec. 172, DUTIES. It shall be the duty of the food commissioner 
to carefully inquire into the quality of the several articles which are 
foods, drugs or the necessary constituents of foods or drugs, manufa2- 
tured or kept for sale, or sold or exposed for sale within the Territory 
of Hawaii; and he may in a lawful manner procure samples thereof, 
submit the same to a careful examination, and report the results of 

55 



such analysis of all or any of such drugs, food and drink products as 
are adulterated, impure or unwholesome, in contravention of the laws 
of the Territory of Hawaii to the hoard of Health; and it shall be the 
duty of the food commissioner to make complaint with the necessary 
evidence through the proper authorities, against such manufacturer 
or vendor. (R. L. Sec. 1045.) 

Sec. 173. INVESTIGATE COMPLAINTS. The food commissioner 
shall investigate complaints on the information of any person who 
shall lay before him satisfactory evidence of the same. (R. L Sec. 
1046.) 

Sec. 174. SAMPLES TO BE FURNISHED. If any person manufac- 
turing, keeping for sale, offering for sale or exhibiting for sale any 
drug or article of food included in the provision of this chapter, shall 
refuse to furnish the duly appointed food commissioner, upon demand, 
either personal or in writing, a sample sufficient for the analysis of 
such drug or article of food which is in his possession, the food com- 
missioner tendering the market price therefor, such refusal shall be 
prima facie evidence that such drug or article of food so manufac- 
tured, kept for sale, offered for sale or exhibited for sale is adulterated 
within the meaning of this chapter. (R. L. Sec. 1047.) 

Sec, 175. POWERS OF COMMISSIONER. The food commissioner 
shall have power in the performance of his duties, to enter into any 
creamery, factory, store, salesroom, storageroom, drug store or labor- 
atory, or any place where he has reason to believe food or drink are 
made, prepared, sold or offered for sale, and to open any cask, tub, 
bottle, case or package containing or supposed to contain any article 
of food or drink and examine or cause to be examined the contents 
thereof. (R. L. Sec. 1048.) 

Sec. 176. MONTHLY REPORT. The food commissioner shall make 
a monthly report in writing to the president of the board of health con- 
taining the results of inspection and analysis in detail, and upon re- 
quest of said board he shall furnish for publication a popular explan- 
ation of the same covering any month or period, together with any 
such other information as may come to him in his official capacity re- 
lating to the adulteration of drugs and food and drink products, -o far 
as the same may be deemed by the said board of health to be of ben- 
efit and advantage to the public. (R. L. Sec 1049). 

Sec. 177. PENALTIES. Whoever violates any of the provisions of 

56 



this chapter shall be guilty of a misdemeanor, and upon conviction shall 
be fined not exceeding two hundred, nor less than ten dollars, or im- 
prisoned not exceeding one hundred nor less than thirty days, or tcth- 
(R. L. Sec. 1050.) 

MANUFACTURE COMPOUNDING PREPARATION FOOD 

PRODUCTS. 

/ Sec. 178. LICENSE. No person shall manufacture, compound or 
otherwise prepare any confections, cakes, bread stuffs or other food 
products intended for sale, and for human consumption in any :>hop or 
premises without first obtaining from the treasurer of the county or 
city and county where such shop, building or other premises are lo- 
cated, a license. No such license shall be granted to any person by 
the treasurer until he shall have received a certificate from the board 
of health stating that, after an examination made, it appears that said 
shop, building or other premises are in a sanitary and fit condition 
lor the manufacture, compounding or otherwise preparing such food 
products; and when issued such license shall contain, among other 
things, a condition that the shop, building and premises shall be kept 
in a good sanitary condition in accordance with the law and with the 
orders of the agent of the board of health, and that such agents of the 
board of health may have at all times access thereto for the purpose 
of inspection. (Sec. 1, Act 117, S. L. 1911.) 

Sec. 179. PENALTY. Any person who shall have, keep or maintain 
any such shop, building or other premises, or shall manufacture, com- 
pound or otherwise prepare upon such shop, building or other prem- 
ises any such confection, cake, bread stuff, or other food products 
without first obtaining a license under this act, or who, holding a li- 
cense, shall violate or fail to observe any of the requirements or condi- 
tions of this act or of his license shall, upon conviction, be fined not 
less than ten ($10.00) or more than one hundred dollars ($100.00), and 
the court having jurisdiction thereof may cancel his license (Sec. 2, 
Act 117, S. L. 1911.) 

Sec. 180. FEE. The annual fee for such license shall be the sum of 
ten dollars ($10.00). (Sec. 2, Act 117, S. L. 1911.) 

Sec. 181. NOT APPLY TO POI. Nothing in this act contained shall 

57 



be construed to include the manufacture of poi or paiai. (Sec. 4. Act 
117, S. L 1911.) 

MANUFACTURE OF POI FOR SALE. 

Sec. 182. PROHIBITED WHERE. No shop or building for the man- 
ufacture or sale of poi or paiai shall be erected, maintained, used or 
operated except as hereinafter provided. (Sec. 1, Act 101, S. L. 1911.) 

Sec. 183. CONSTRUCTION OF BUILDING. Every such shop or 
building shall be laid with cement floors, with cement side walls to a 
height of at least two feet and draining to a trap connected with a 
cesspool, sewer, or such other means for the proper disposal of drain- 
age, as may be approved by the board of health. No such shop or 
building shall be maintained, used or operated in any place where 
there is not available an adequate supply of pure water, or which is 
incapable of proper drainage, or which is so situated that the poi or 
paiai manufactured thereat might, in the opinion of said board, be 
contaminated or infected by reason of proximity to any stable, laundry, 
abbatoir or other place at which any business or process is carried 
on or condition maintained which, in such opinion, might be a source of 
such contamination or infection; nor, while any shop or building is 
being so used, shall any such stable, laundry, abbatoir or other place 
be permitted to be established in such proximity thereto as to be, in 
the opinion of said board, a source of contamination or infection to the 
poi or paiai manufacured thereat. No such shop or building shall be 
maintained, used or operated for any other purpose than the manufac- 
ture of poi or paiai; nor unless only pure water shall be used thereat 
and proper drainage maintained therefor; nor unless it shall be kept 
so screened as to prevent flies and insects from entering therein; nor 
unless all implements, tools, machinery, containers, and all other uten- 
sils used for or in connection with the manufacture, distribution or 
storage of poi or paiai shall be sterilized each time before being so 
used; nor if any person, or individual is employed or engaged in or 
about such shop or building who is afflicted with any contagious or 
infectious disease or any disease which, in the opinion of the board 



Note to Sec. 182. 

This is a new act taking the place of the R. L. Chap. 87, the several 
provisions of which have been repealed from time to time by Act 72, 
S. L. 1905, and Act 19, S. L. 1909. 

58 



of health, may contaminate or infect the poi or paiai. (Sec. 2, Act 
101, S. L. 1911.) 

Sec. 184. CANCELLATION PERMIT. The board of health is here- 
by authorized to direct the cancellation of any permit for a shop or 
building where poi or paiai is manufactured for sale, issued by any 
county or city and county officer, or otherwise, and to close and keep 
closed any such shop or building which in any respect fails to meet 
the requirements and conditions of this act. (Sec. 3, Act 101, S. L. 
1911.) 

Sec. 185. VIOLATION: PENALTY. Any person who violates any 
provisions of this act shall be guilty of a misdemeanor, and upon con- 
viction thereof, shall be punished by a fine of not less than five dol- 
lars ($5 # 00), nor more than two hundred dollars ($200.00), or by im- 
prisonment for not more than sixty days, or by both such fine and 
imprisonment. (Sec. 4, Act. 101, S. L. 1911.) 

MILK. 

Sec. 186. SELLING ADULTERATED MILK; PENALTY. Any per- 
son who shall sell, or offer for sale, any milk which has been adulter- 
ated by the addition of water or other substance; or from which the 
cream has been skimmed or separated, unless the same is specifically 
and openly stated to be skimmed milk, shall be fined not more than 
fifty dollars. (R L. Sec. 1388.) 

Sec. 187. INSPECTION, TESTING, CONFISCATION. Any police 
officer or agent of the board of health shall have power to inspect 
any test any milk sold or offered for sale, and to confiscate any adul- 
terated milk which he may find. (R. L. Sec. 1389.) 

OLEOMARGARINE. 

Sec. 188. SALE OF, AS BUTTER. PUNISHMENT. Whoever 
knowingly sells to any person or offers for sale any butter manufac- 
tured from or by the use of "oleomargerine" so called, unless the pack- 
age containing the same shall be distinctly marked "oleomargarine," 
shall be deemed guilty of a misdemeanor and punished by a fine of not 



Note to Sec. 186. 

For appointment Milk Commission, see joint res. No. 4. p. 214. S. L. 
1909. See general title "Adulterated foods and drugs," and note to 
Sec. 167. 

59 



more than two hundred dollars or imprisoned not more than twenty 
days or both. (R. L. Sec. 3026.) 

Sec. 189. OTHER SEMBLANCES OF BUTTER; PUNISHMENT. 
Whoever knowingly sells or offers for sale any substance purporting to 
be, or having the semblance of butter, which substance is not wholly 
made from pure cream or pure milk, unless the same is sold or offered 
for sale under its true and appropriate name, and unless, in case of a 
sale, each package, roll or parcel thereof, and each vessel containing 
one or more packages of the same, has distinctly and durably painted, 
stamped or marked thereon the true and appropriate name of such 
substance, in ordinary bold face capital letter, or unless, in case of a 
sale, there is delivered with each package, roll or parcel so sold, a 
label on which is plainly and legibly printed the true and appropriate 
name of such substance, shall be guilty of a misdemeanor and pun- 
ished by imprisonment of not more than thirty days or a fine not to 
exceed two hundred and fifty dollars or both; but nothing contained 
in this section shall be construed to prevent the use of harmless color- 
ing matter in the manufacture of butter. (R. L. Sec. 3027.) 

UNWHOLESOME ADULTERATED FOOD— GROSS CHEAT. 

Sec. 190. UNWHOLESOME PROVISIONS. Whoever shall know- 
ingly sell any kind of diseased, corrupted, or unwholesome provisions 
for the food of man, without making the same fully known to the 
buyer, is guilty of a gross cheat. (R. L., Sec. 3022.) 

Sec. 191. ADULTERATING FOOD. Whoever shall knowingly com- 
pound, prepare, or adulterate any substance intended for food, drink, 
or medicine for man, with any ingredient or matter so as to render 
such food, drink, or medicine injurious to health; or knowingly procure 
such substance to be compounded, prepared, or adulterated is guilty of 
a gross cheat. (R. L. Sec. 3023.) 

Sec. 192. PUNISHMENT. Whoever is convicted of a gross cheat 
shall be punished by imprisonment not more than one year, or by a 
fine not exceeding one thousand dollars. (R. L., Sec. 3024, as amended 
by Act 33, S. L. 1905.) 



Note to Sec. 188. 

See general title "Adulterated foods and drugs" and note to Sec. 167. 
Note to Sec. 190. 

See general title "Adulterated foods and drugs," and note to Sec. 167. 

60 



Sec. 193. CIVIL REMEDY NOT A BAR. No person shall be ex- 
empted from criminal prosecution for gross cheating, by reason of the 
party cheated having a remedy against him by civil action. (R. L., 
Sec. 3025.) 

INTOXICATING LIQUORS; ADULTERATION. 

Sec. 194. SALE ADULTERATED LIQUOR: NOTIFICATION. If a 
person who has reason to believe that a licensee is selling intoxicating 
liquor that is adulterated, shall call the attention of the inspector 
thereto, said inspector, or any person authorized by him in writing, 
shall secure from such licensee a sample or samples of liquor for 
analysis; and said inspector may at any time procure or so cause to 
be procured samples of liquor for analysis. (Sec. 47, Act 119, S. L., 
1907.) 

Sec. 195. PROCURING SAMPLES. The inspector or the person so 
authorized shall, upon procuring samples from such licensee, immedi- 
ately disclose to the licensee his office or authority, and in case such 
procurer shall be a person other than the inspector, he shall then de- 
liver to the licensee a copy of the written order to procure such 
samples; and the vessel or vessels containing the same shall then be 
sealed by the procurer thereof before being taken from the premises 
of such licensee and the licensee may also attach his seal thereto. 
(Sec. 48, Act 19, S. L. 1907.) 

Sec. 196. ANALYSIS OF SAMPLES. The inspector shall cause the 
samples so obtained to be immediately delivered to the food commis- 
sioner or analyst, or some other competent analyst who shall make 
an analysis of such liquors, and shall send a certified report of such 
analysis to said inspector, who shall file the same with the secretary 
of the board. (Sec. 49, Act 119, S. L., 1907.) 

Sec. 197. SAMPLE UNADULTERATED. If the samples analyzed 
be found free from the adulteration prohibited by the laws of the 
United States, the certificate referred to in the preceding section shall 
so state, and the board shall pay to the licensee a sum equal to the 
value of the sample, and if requested by the licensee the secretary 



Note to Sec. 194. 

See general title "Adulterated foods and drugs." The term "In- 
spector" here used refers to the inspector provided for in Act 119, S. L. 
1907 and not to a board of health inspector. 

61 



shall furnish him a copy of the analysis. (Sec. 50, Act 119, S. L # , 1907.) 
Sec| 198. SAMPLE ADULTERATED. If the certificate of analysis 
shows the sample to contain liquor that is adulterated according to 
the laws of the United States the inspector shall prosecute such 
licensee for selling, offering for sale or furnishing adulterated liquor, as 
the case may be. And the licensee from whom such sample was 
obtained shall be guilty of a misdemeanor, and upon conviction 
thereof shall be fined in a sum not to exceed six hundred dollars 
($600.00) and his license may be revoked. (Sec. 51, Act 119, S # L., 
1907.) 

Sec. 199. PENALTY. Any person who tampers with the samples 
of liquor taken for analysis under the provision of this act shall be 
guilty of a misdemeanor and on conviction thereof be fined not less 
than two hundred dollars ($200.00) nor more than six hundred dollars 
($600.00), or be imprisoned not less than six nor more than twelve 
months. (Sec. 52, Act 119, S. L. 1907.) 

Sec. 200. PENALTY. Any licensee who refuses to deliver samples 
of liquor for analysis upon disclosure of the authority in the manner 
provided by section 195 (Sec. 48, Act 119, S. L. 1909), of this act shall 
be guilty of a misdemeanor and on conviction thereof be fined not 
less than two hundred dollars ($200.00) nor more than six hundred 
dollars ($600.00). (Sec. 53, Act 119, S. L., 1907.) 

OPIUM. 

Sec. 201. SALE OF OPIUM. The board of health may, upon the 
conditions to be named in such authorization, authorize any duly quali- 
fied physician or surgeon, or any person holding a license to sell poison- 
ous drugs, to sell for medical purposes only, opium and preparations 
thereof; PROVIDED, however, that no person shall sell or furnish 



Note to Sec. 201. 

For sale of other poisons, see Sees. 204-207, (R. L. Sees. 1051-1054), 
and for record of prescriptions containing poisonous drug see Sec. 208, 
(R. L. 1055); compounding - medicines with poisonous ingredients, Sees. 
287-189, (R. L. Sees. 1095-1097), and Sec. 302. (R. L. Sec. 1110); sale of 
alcohol and methylated spirits, R. L. Sees. 1332-1334; awa, R. L. 1335 
et seq., as amended by Act 86, S. L. 1911, Act 9. S. L. 1907 and Act 90. 
S. L. 1907. Person holding merchandise license not permitted by virtue 
thereof to sell or furnish opium or any preparation thereof, any poison- 
ous drug, alcohol, spiritous or intoxicating liquors, R. L. Sec. 1418 G., as 
enacted by Act 96. S. L. 1907, amended by Act 25, S. L. 1911. See King: 
vs. Young Tang, 7 H. 49 and Terr. vs. Lara Yip Kee, 19 H. 565. 

62 



opium or any preparation thereof, except upon the written prescrip- 
tion of a duly licensed physician signed by him. (R. L. Sec. 1389.) 

Sec. 202. PENALTY. Any person who shall sell or furnish any 
poisonous drugs without a license so to do; or who shall violate any of 
the terms of this chapter, shall be fined not less than fifty nor more 
than five hundred dollars, or be imprisoned not exceeding six months 
in the discretion of the court. (R. L , Sec. 1400, as amended by Act 
33, S. L., 1905.) 

Sec. 203. SALE, ETC., BY BOARD OF HEALTH. Nothing in this 
chapter contained shall be construed to prevent the Territory or the 
board of health from using or distributing any drugs or medicine. 
(R. L., Sec. 1401.) 

POISONS. 

Sec. 204. SALE PERMITTED WHEN. No person shall sell or de- 
liver any deadly poison, or any wooden vessel or container which 
shall have contained any deadly poison, except for scientific, medicinal 
or mechanical purposes, nor to any person not known to the vendor 
to be careful and well disposed; PROVIDED that sales may be made 
to a person not known to the vendor, if some responsible person known 
to the vendor will certify in writing that the person desiring to pur- 
chase may safely be intrusted with the same, but in all cases the 
vendor shall require the purchaser to disclose the intended use of 
such poison, vessel or container, as the case may be. (R. L. Sec. 1051.) 

Sec. 205. RECORD TO BE KEPT. Every person who shall sell or 
deliver any deadly poison shall keep a book in which shall be re- 
corded the name and quantity of the poison sold or delivered, the 
person to whom it was sold or delivered and whether such person 
was known to the vendor, and if not, the name of the responsible 
person upon whose recommendation the same was sold; and the cer- 
tificate of such person shall be preserved. The said book of records 
shall at all times be open to the inspection of the board of health or 
its agent. (R. L. Sec. 1052.) 

Sec. 206. SAME. The book required to be kept by section 205 
(R. L., Sec. 1052) shall contain a record of the sale of any vessel or 

Note to Sec. 204. 

See note to Sec. 201. 

63 



container which shall have contained a deadly poison in like manner 
as is required with respect to the sale or delivery of the poison itself^ 
(R. L. Sec. 1053.) 

Sec. 207. LABEL "POISON" ON CONTAINERS. The box, phial, 
or other package in which any deadly poisons shall be sold or deliv- 
ered, shall bear a label containing the word "poison" in large letters, 
in both the English and Hawaiian languages, together with some em- 
blematic device, to be approved by the board of health, which shall 
indicate the dangerous character of the article. (R. L , Sec. 1054.) 

Sec. 208. RECORD OF PRESCRIPTIONS. Every licensed physician, 
druggist, or apothecary, who shall compound, sell or deliver any pre- 
scription containing any poisonous drug, or substance deleterious to 
human life, to be used as medicine, shall enter upon his books said 
prescription written out in full, with the date thereof, with his own 
name appended thereto, or the name of the physician who prescribed 
the same, and the person to whom the same was delivered; and no 
such prescription shall be compounded, sold or delivered, unless the 
name of the person compounding, selling or delivering the same, or 
the name of the physician prescribing the same, be appended to the 
prescription in full, and every such prescription shall be preserved; 
and said books and prescriptions shall be subject at all times to the 
inspection of the board of health or its agent. (R. L. Sec. 1055) 

Sec. 209. PENALTY. Any person violating the provisions of this 
chapter shall forfeit a sum not exceeding one thousand dollars for each 
offense. (R. L. Sec. 1056.) 

HOSPITALS. 

Sec. 210. ESTABLISHMENT. The superintendent of public works 
may establish a hospital on each of the islands of Oahu, Maui, Hawaii 
and Kauai, to be under the immediate supervision and control of the 
board of health, which may make rules and regulations for the govern- 
ment of such hospitals; which rules and regulations shall be published 
for general information. (R L. Sec. 1111.) 

Sec. 211. CHINESE HOSPITAL. The Minister of the Interior is 
hereby authorized to execute and deliver to the Board of Trustees of 



Note to Sec. 208. 

See King- vs. lluiium. 3 H. 462; King vs. Young Tang, 7 H. 49, 53. 

64 



the United Chinese Benevolent Society, a conveyance of a piece of 
land, situate in the District of Kona, Island of Oahu, belonging to the 
Republic of Hawaii, not to exceed in area two acres, for the considera- 
tion of one dollar. (R. L. p. 1271.) 

Sec 212. CONVEYANCE TO. Such conveyance shall contain the 
■conditions, that the premises shall be used only for the uses and pur- 
poses of a Hospital and Home for the aged, sick, infirm and helpless 
Chinese residents in the Republic of Hawaii; that no intoxicating 
liquors or merchandise of any sort shall be sold on the premises; that 
no aid or pecuniary assistance shall be asked or demanded from the 
Republic of Hawaii; and that if the lot conveyed or any part of it 
shall at any time cease to be used for the purpose of a hospital and 
home for the aged, sick, infirm and helpless Chinese residents in the 
Republic of Hawaii, the whole of said lot and all improvements 
thereon shall forthwith to the Government. R. L. p. 1271.) 

Sec. 213. QUEEN'S HOSPITAL. Whenever the corporation known 
as the "Queen's Hospital," shall acquire funds or the evidence thereof, 
in money and property to the extent of five thousand dollars, and 
shall exhibit to the Minister of the Interior satisfactory proof of the 
same, the said Minister with the consent of the King may convey to 
said corporation any quantity of Fort or other Government lands and 
lots, or the proceeds of any such lands or lots, at his discretion, 
equivalent in value to said sum, to be used or held as may be deemed 
advisable for the proper uses and purposes of said corporation. (R L. 
p. 1265.) 

Sec. 214. INCORPORATION QUEEN'S HOSPITAL. It shall be 
competent for the Minister of the Interior, under the regulations 
prescribed by the general law in regard to corporations, to grant a 
perpetual charter to any of the inhabitants of the city of Honolulu 
applying for the same, being subjects or denizens of the kingdom, and 
to their successors, for the establishment of a hospital in said city, or 
the vicinity thereof, for the relief of sick and destitute Hawaiians. 
(R. L. p. 1291.) 

Sec. 215. NORTH KOHALA, HAWAII.. That the board of health 
shall establish a hospital at North Kohala, Island of Hawaii, to be 
known as the Kohala Hospital, which shall be under the supervision 
and control of the board of health. The hospital shall be maintained 
more especially for the benefit of indigent persons, but moderate and 

65 



reasonable payments may be required of patients who are able to pay 
the same.. That all moneys received from paying patients or otherwise 
shall be paid over to the board of health; provided, however, that 
such moneys shall be used as additional pecuniary support for the 
institution, whenever it shall be deemed necessary, and all such moneys 
so expended shall be accounted for to the board of health. (Act 36„ 
S. L. 1907.) 

Sec. 216. PROPERTY EXEMPT FROM TAXATION. The following 
property shall be exempt from taxation: real and personal property 
belonging to the Queen's Hospital, to the Kapiolani Maternity Home,, 
to the Leahi Home, to any other public hospital which maintains a 
free ward, the property of all hospitals exempt from taxation being 
limited to that actually in use for hospital purposes. (R. L. Sec. 1221, 
as amended by Act 141, S. L. 1909, and as amended by Act 140, S. Lu 
1911.) 

INSANE ASYLUM. 

Sec. 217. INSANE ASYLUM AT HONOLULU. There shall be in 
Honolulu, at such place as the superintendent of public works shall 
direct, a suitable building for the reception of all insane persons, to be 
styled an insane asylum. (R. L., Sec. 1112;) 

Sec. 218. MANAGEMENT. The board of health shall have the man- 
agement and control of the insane asylum. (R. L # Sec. 1113.) 

Sec. 219. RECORD KEPT. The physician of the hospital shall keep 



Note to Sec. 215. 

See Act 166, S. L. 1911, p. 277, for appropriations out of loan fund; 
"Hospital at Popopiia Kona, $5000:" and, "Hospital, N. Kona, $5000." 

JVote to Sec. 217. 

For proceedure in criminal cases against insane persons, see fol- 
lowing' sections under this general title and also Act 149, S. L. 1911, and 
as to commitment Act 75, S. L. 1911, also R. L. Sec. 2857, on proceedure 
on indictment of person alleged to be insane, and R. L. Sec. 1648 giving 
circuit judge at chambers jurisdiction at chambers to impanel a special 
jury of inquiry of idiocy and lunacy, also R. L. Sec. 2876 on insanity 
at time of offense: on responsibility of insane person for crime, see R. 
L. Sees. 2709, 2710; on annulment of marriage for insanity and its 
effect, see R. L. Sees. 2218, 2223, 2224; insane person cannot vote or hold 
office, Org. Act Sec. 18; on statute of limitations as to insane persons, 
see R. L. Sees. 1979, 1991; on perpetuating testimony of insane persons, 
see R. L. Sec. 1929. Equity may appoint a trustee of insane person to 
execute deed of registered land, R. L. Sec. 2478. Insane person not to 
suffer capital punishment, R. L. Sec. 2881. Physicians may divulge 
privileged communications in cases where sanity is involved, Sec. 269. 
(R. L. Sec. 1953). 

66 



a register of the name, age, and sex of each person committed, and the 
dates of his admission, and discharge from the asylum. (R. L. Sec. 
1114.) 

Sec. 220. INMATES' PROPERTY LIABLE FOR EXPENSE. The 
property of all persons committed to the said asylum shall be liable for 
the expenses attending their confinement; and the attorney general 
shall institute suits for the recovery of the same, when requested to 
do so by the board of health. (R. L. Sec. 1115.) 

Sec. 221. COMPLAINT. Any parent or relative of any person who 
is believed to be insane, or any sheriff or deputy sheriff of any county 
in this Territory may make complaint and cause the arrest and deten- 
tion of any person who is believed to be insane and whose being at 
large is dangerous to the safety of the community. (Sec. 1, Act 149, 
S. L. 1909.) 

Sec. 222. WARRANT. Such complaint shall be in writing and 
sworn to before any district magistrate in the district where such 
person may be or before the circuit judge of the circuit within which 
such district may be situated. Upon complaint being made as afore- 
said, such district magistrate or circuit judge shall forthwith issue a 
warrant for the arrest and detention of such alleged insane person 
directed to the sheriff or his deputy and commanding that such alleged 
insane person be arrested and brought before the district magistrate 
or circuit judge issuing such warrant at the time and place stated in 
such warrant. (Sec. 2, Act. 149, S. L. 1909.) 

Sec. 223. EXAMINATION WITHIN FORTY-EIGHT HOURS.. No 
alleged insane person shall be detained in custody under such warrant 
longer than forty-eight hours without an examination as in this act 
hereinbefore provided. (Sec. 3, Act 149, S. L. 1909.) 

Sec. 224. HEARING AND COMMITMENT. It shall be the duty of 
said district magistrate or circuit judge to examine all persons brought 
before them on said warrants as to their sanity. If it shall appear to 
the satisfaction of said district magistrate or circuit judge, after a 
full hearing at which the alleged insane person shall have the right 
to be heard personally or by counsel, and to produce, witnesses on his 
or her own behalf, that such person is insane and that it would be 



Note to Sec. 220. 

For other provision for payments by insane persons, see Sec. 229, 
(Sec. 8, Act 149, S. L. 1909, as amended by Act 75, S. L. 1911). 

67 



unsafe to allow him or her at large, the said district magistrate or 
circuit judge shall so certify in writing, together with a brief state- 
ment of the facts upon which his judgment is based, and shall cause 
such certificate to be sent to the chairman of the commissioners of 
insanity; and a copy thereof to the superintendent of the insane 
asylum, and shall issue a commitment under his hand authorizing and 
directing that such person be detained in the insane asylum until he 
or she shall become sane or shall be discharged as in this act pro- 
vided, and shall cause said commitment, together with said person, 
to be delivered to the superintendent of the insane asylum. (Sec. 4, 
Act. 149, S. L. 1909, as amended by Act 75, S. L. 1911.) 

Sec. 225. APPEAL. Said alleged insane person or the parent or 
relative of the same may appeal to the commissioners of insanity 
from said decision of said district magistrate or circuit judge by giving 
notice of said appeal within five days from the date of said decision 
and shall within ten days serve a copy of such notice on the chairman 
of the commissioners, and no costs shall be charged to the appellee or 
appellees. (Sec. 5, Act 149, S. L. 1909.) 

Sec. 226. COMMITMENT INSANE DEFENDANT. Whenever any 
person indicted for any crime shall be acquitted by reason of insanity 
or mental derangement the court before whom such trial has been had 
shall forthwith, without other or further proceedings, commit such 
person to the insane asylum, there to be confined as an insane person 
until discharged as in this act provided. (Sec. 2, Act 75, S. L. 1911.) 

Sec. 227. COMMISSIONERS OF INSANITY: APPOINTMENT: 
DUTIES. The governor shall nominate and by and with the advice 
and consent of the senate shall appoint three persons, two of whom 
shall be regularly licensed to practice medicine or surgery in the 
Territory, in the City and County of Honolulu, in the Territory of 



Note to Sec. 224. 

Held in In re Atcherly, 19 H. 346, that commitment to insane asylum 
by district magistrate was legal under former statute, R. L. Sec. 1116, 
(repealed by S. 15, Act 149, S. L. 1909, and new law enacted by that act 
as amended by Act 75, S. L. 1911), construed in connection with R. L. 
Sec. 1662. But see In re Atcherly, 19 H 535, upholding Act 149, that no 
appeal lies to a circuit court from decision of district magistrate ad- 
judging a person insane, that proceedure of Act 149 affords due pro- 
cess of law and that Act 149 supersedes all former laws on commitment 
and discharge as well as appeals to circuit courts or juries. See also 
In re Atcherly, 19 H. 576, and 647. 

Note to Sec. 225. 

See note to Sec. 224. 

68 



Hawaii, who shall be known as commissioners of insanity and who 
shall hold office for four years unless sooner removed for cause, and 
whose duties shall be to hear all cases brought before them on appeal 
by any person committed to the insane asylum for insanity, and to 
investigate and determine the sanity or insanity of those committed 
and to do and perform such other acts and duties as may be imposed 
upon or vested in them by the provisions of this act. (Sec. 6, Act 
149, S. L. 1909.) 

Sec. 228. CHAIRMAN: OATH OF OFFICE. It shall be the duty 
of such commissioners within ten days after their appointment to 
meet together and elect one of their number to act as chairman and 
such chairman, when elected, shall cause public notice to be given in 
a newspaper published in Honolulu, in the Territory of Hawaii, that 
he has been duty elected chairman of the commissioners of insanity; 
and each of the said commissioners, before entering upon his duties 
shall take and subscribe the following oath: 

"I a Commissioner duly appointed to 

examine persons charged with being insane, do solemnly swear that I 
will well and faithfully and diligently inquire into the mental condition 
of all persons who shall be brought before me charged with insanity, 
and that I will well and faithfully discharge and perform all the duties 
of such commissioner. So help me God." 

Such oath when taken and subscribed shall be forwarded to the 
secretary of the Territory who shall file the same. (Sec. 7, Act 149, 
S. L. 1909.) 

Sec. 229. COMPENSATION COMMISSIONERS. Said commissioners 
shall each be entitled to receive the sum of five dollars for the exam- 
ination of every person made under the provisions of this act together 
with all other necessary expenses incurred by the commissioners in 
making such examination which said sum, in the event of an appeal 



Note to Sec. 227. 

For general provision as to appointment and removal of officers, 
see Org. Act Sec. 80. Held in In re Atcherly, 19 H. 535 creation board 
of commissioners of insanity under Act 149. S. L. 1909 not in violation 
with Org-. Act, Sec. 81. 
Note to See. 228. 

See Sec. 236, (Sec. 13, Act 149, S. L. 1909), and note to Sec. 217. 
Note to Sec. 229. 

Property of inmates liable for expense attending - confinement, Sec. 220. 

69 



heing sustained or of a person alleged to be insane being adjudged 
sane or if such alleged insane person is wholly unable to pay the 
same shall be a charge upon the county from which such person was 
committed, and the chairman of the commissioners shall send a 
memorandum of such costs and expenses to the clerk of such county, 
who shall submit the same to the board of supervisors who shall pro- 
vide for the payment of the same within sixty days after the same 
shall have been incurred. (Sec. 8, Act 149, S. L. 1909, as amended by 
Act 75, S. L. 1911.) 

Sec. 230. HEARINGS ON APPEAL. It shall be the duty of said 
commissioners to hear and determine all cases brought before them 
on appeal as herein provided. And upon such appeal the alleged 
insane person shall have the right to be represented by counsel and 
to produce witnesses on his own behalf. And if it shall appear to the 
satisfaction of a majority of said commissioners that said alleged in- 
sane person is sane they shall forthwith order his discharge, and if it 
shall appear to the satisfaction of a majority of said commissioners 
that such person is insane and that it is unsafe to allow him or her 
at large, said commissioners shall dismiss said appeal and remit said 
person to the custody of the superintendent of the insane asylum. 
(Sec. 9, Act 149, S. L. 1909.) 

Sec. 231. MAY ADMINISTER OATHS. Said commissioners shall 
have power to administer oaths, to punish for contempts, to grant 
adjournments, to subpoena and compel the attendance of witnesses 
and the production of books and papers, and generally to exercise the 
same authority with regard to their special jurisdiction as is by law 
conferred upon district magistrates. (Sec. 4, Act 75, S. L. 1911.) 

Sec. 232. RE-EXAMINATION: RELEASE. Any person committed 
to the insane asylum may upon application being made by a sheriff, 
deputy sheriff or by a relative of such person, and notice given to the 
superintendent of the insane asylum, or upon application by the super- 
intendent be examined by the commissioners as to his or her sanity 
and if a majority of said commissioners shall be satisfied that such 
person is of sound mind or is not dangerous to the public safety, they 
shall so certify to the superintendent of the asylum, and such person 
shall be forthwith released from custody. (Sec. 10, Act 149, S. L. 
1909, as amended by Act 75, S. L. 1911.) 

Sec. 233. PAROLE. The commissioners may, under such restric- 

70 



tions and conditions and for such time as they may deem proper 
consistently with the safety of the public, permit any inmate of the 
insane asylum temporarily to leave said institution upon parole, in 
charge of his or her guardian, relatives, friends, or alone. In every 
such case, such person shall be subject always to recall by the com- 
missioners at any time, or may be returned to the asylum at any time 
by his or her guardian, or other person in whose care he or she may 
have been paroled. The original order of commitment of every such 
person shall remain in force and effect, except only as temporarily sus- 
pended by the terms of such parole, until such person shall be officially 
discharged. Upon any failure or refusal of any person so admitted to 
parole to conform to the terms of such parole, or to return to the 
asylum, upon the expiration of the period of parole, or to return upon 
recall by the commissioners at any time before he or she shall have 
been officially discharged from the asylum, it shall be the duty of any 
sheriff, deputy sheriff or police officer, upon the written direction of 
the commissioners of insanity or the chairman thereof, to forthwith 
arrest such person without other or further warrant or proceedings 
and return him or her to the custody of the superintendent of the 
insane asylum. Nothing in this section contained shall be construed 
to apply to the criminally insane or to persons against whom criminal 
proceedings may be pending, or who have been acquitted of any 
felony upon a plea of insanity. (Sec. 10 A, Act 149, S. L. 1909, as 
enacted by Act 75, S. L. 1911.) 

Sec. 234. RECORD OF HEARING. The chairman of the commis- 
sioners shall cause to be reduced to writing the substance of the evi- 
dence taken upon the examination of any person as herein provided 
and forward the same to the secretary of the Territory who shall file 
the same. (Sec. 11, Act 149, S. L., 1909.) 

Sec. 235. INSPECTION OF ASYLUM: REPORT. It shall be the 
duty of the commissioners or the chairman thereof to visit the insane 
asylum from time to time and to semi-annually submit a report to 
the governor of the condition of the same and the number of patients 
therein, and the superintendent or other person in charge of the 
asylum and the keepers thereof, and all other officials connected with 
said asylum are hereby required and directed to admit any commis- 
sioner appointed under this act at any hour of the day or night to 
said asylum, and to afford him every opportunity to make a thorough 



inspection and examination of said asylum and of any person detained 
therein. (Sec. 12, Act 149, S. L. 1909.) 

Sec. 236. INSANE DEFENDANT. If any person indicted for any 
crime shall be acquitted by reason of insanity or mental derangement 
and it shall appear to the satisfaction of the presiding judge at said 
trial that it is dangerous to the safety of the community for such 
person to be at large, he shall without further hearing commit such 
person to the insane asylum (Sec. 13, Act 149, S .L. 1909.) 

Sec. 237. COMMITMENT AND DISCHARGE ONLY UNDER THIS 
ACT. No person shall be committed to the insane asylum or be dis- 
charged therefrom except as herein provided. (Sec. 14, Act 149, S. L. 
1909.) 

VITAL STATISTICS. 

Sec. 238. "BOARD," "REGISTRAR," DEFINED. Wherever in this 
chapter the word "board" is used, it shall refer to and mean the board 
of health of the Territory of Hawaii, unless the context shall indicate 
some other meaning. Wherever in this chapter the word "registrar" is 
used, it shall refer to and mean the registrar or registrars of births, 
deaths and marriages, who shall be appointed by the board of health 
under and by virtue of this chapter. (R. L. Sec. 1148.) 

Sec. 239. REGISTRAR'S APPOINTMENT, The board is directed 
to appoint a registrar of births, deaths and marriages in and for each 
judicial district in the Territory. The board may, in its discretion, 
subdivide any district, if the public convenience requires it, and ap- 
point a registrar for each of such subdivisions. (R. L. Sec. 1149.) 

Sec. 240. NO PAY WHEN. If any physician, sheriff, deputy sheriff, 
magistrate or assessor is appointed a registrar, it shall become a part 
of his official duties to perform the duties of registrar without further 
compensation. (R. L. Sec. 1150.) 

Sec. 241. RECORDS KEPT. It shall be the duty of each registrar 
to keep in proper books, used solely for such purpose, a full and com- 
plete record of all the births, deaths and marriages which take place in 
the district of which he is the registrar (R. L. Sec. 1151.) 



Note to Sec. 236. 

See Sec. 226, and note to Sec. 217. 
Note to See. 239. 

For judicial districts, see Act 84, S. L. 1909. 

72 ■ 



Sec. 242. BIRTHS. Each registrar shall enter in said record, in 
respect of each birth occurring in his district, the following facts, so 
far as they can be ascertained by him, viz.: the name of the father, 
the name of the mother, the date of the birth, the sex of the child, the 
name of the child, if it has been named, the locality of its birth, and 
whether the child is legitimate or illegitimate. (R. L. Sec. 1152.) 

Sec > 243. MARRIAGES. Each registrar shall enter in said record, 
in respect of each marriage occurring in his district, the following facts, 
so far as they can be ascertained by him, viz.: the full name of each 
of the parties, the full name of the father and mother of each of the 
parties, the age of each of the parties, and the residence of each of 
the parties. (R. L. Sec. 1154.) 

Sec. 244. DEATHS. Each registrar shall enter in said record, in 
respect of each death occurring in his district, the following facts, so 
far as they can be ascertained by him, viz.: the name, sex, age, cause 
of death, nationality, last place of residence, and the locality of the 
death of the deceased, name of physician attending, if any. (R. h. 
Sec. 1153.) 

Sec. 245. RECORDS SENT TO BOARD. It shall be the duty of each 
registrar at the end of each month to transmit to the board the records 
of births, deaths and marriages made by him during said month in 
such form and manner and upon such blanks as the board may 
require. (R # L. Sec. 1155, as amended by Act 131, S. L. 1909.) 

Sec. 246. BOARD TO FURNISH BLANKS, ETC. The board shall 
cause all blanks and record books which may be necessary or proper 
for carrying out the objects of this chapter to be prepared, and shall 
furnish the same to the registrars and other officers in this chapter 
provided for, free of charge. (R. L. Sec. 1156 # ) 

Sec. 247. FILING RECORDS. It shall be the .duty of the secretary 
of the board to file the records of births, deaths and marriages re- 
ceived from the several registrars, and as soon as practicable bind the 
same in compact form in the manner hereinafter provided. The rec- 
ords of births, deaths and marriages, and the island and district in 
which they occurred, shall each be kept separately in chronological 
order. (R. L. Sec. 1157, as amended by Act. 131, S. L. 1909.) 

Sec. 248. OPEN TO INSPECTION. All. records by this chapter 
directed to be kept shall, during all business hours, be open to the 
inspection of the public. (R. L. Sec. 1158.) 

73 



Sec. 249. CERTIFIED COPIES, EVIDENCE. The secretary of the 
board shall furnish to any person applying for the same, a certified 
copy cf the record of any birth, death and marriage contained in any 
of the records kept under or by virtue of this chapter; such certified 
copy shall be competent evidence in any court of the fact therein con- 
tained, for which certified copy the sum of one dollar shall be charged 
and paid and accounted for to the treasury. (R. L. Sec. 1159.) 

Sec. 250. REGISTRAR TO INVESTIGATE, PROSECUTE. It shall 
be the duty of each registrar in and for his district not only to com- 
pile the information furnished to him by the persons who by this 
chapter are directed to furnish him with information, but himself to 
investigate and procure and record the information hereby directed to 
be recorded. It shall also be the duty of each registrar to prosecute 
or cause to be prosecuted any person who shall violate or fail to 
observe or perform any of the requirements of this chapter, or any of 
the rules and regulations made and published by the board under or 
by virtue of this chapter. (R. L. Sec. 1160.) 

Sec. 251. BIRTHS REPORTED BY PARENTS, PHYSICIANS. It 
shall be the duty of the father of each and every child born in the 
Territory of Hawaii; or if the father be absent from the country at 
the time of the birth, or not living, or if the child be illegitimate, then 
it shall be the duty of the mother of such child, within thirty days after 
the birth of such child, to notify the registrar of births, deaths and 
marriages of the district in which such birth takes place, of the date 
of birth, sex and name of such child, if named; the names of the 
parents of such child, whether it is legitimate or illegitimate, and the 
locality of the birth. It shall also be the duty of every physician who 
shall attend, or be called upon in connection with the birth of any 
child in the Territory of Hawaii, within thirty days after such birth, 
to report such birth and the other facts relating to such child in this 
section above set forth (R. L. Sec. 1161.) 



Note to Sec. 249. 

Certificate of record of marriage by minister performing" ceremony is 
prima facie evidence of marriage before court, R. L. Sec. 2214 as 
amended by Act 23, S. L. 1911. Chief clerk of treasury department to 
deliver certified copies to applicants, R. L. 2217. Certificates of Ha- 
waiian birth issued by secretary of territory prima facie evidence, Act 
64, S. L. 1905, amended by Act 79, S. L. 1907, repealed by Act 15, S. L. 
1909, but new law created by Act 96, S. L. 1911. Certificates of Hawaiian 
birth issued by U. S. Department of Commerce and Labor prima facie, 
Act 16, S. L. 1909. 

74 



Sec. 252. DEATHS REPORTED BY OWNERS, ETC., OF BUILDING. 

It shall be the duty of every owner of any building or premises in or 
upon which the death of any person shall take place in the Territory 
of Hawaii, to immediately report said death to the registrar of the 
district in which it took place, giving so far as he is able to do so the 
name, sex, age, cause of death, nationality, last place of residence of 
the deceased and the locality in which the death took place; or if the 
building or premises in or upon which said death takes place is leased 
or occupied by some one other than the owner thereof, then it shall b e 
the duty of the lessee or occupier of said building or premises to im- 
mediately report to the registrar all of the facts in this section herein- 
before set forth. (R. L. Sec. 1162.) 

Sec. 253. ALSO BY MINISTER, UNDERTAKER, ETC. It shall be 
the duty of every minister of religion who shall officiate at any burial 
of any deceased person, and of every undertaker or other person who 
attends to the burial of any deceased person, and of every hospital 
officer, health agent, and of every relative of any deceased person, to 
give to the registrar of the district in which such death has taken place 
all the information within their knowledge concerning any deceased 
person, if and whenever said registrar shall request the same. (R. L. 
Sec. 1163.) 

Sec. 254. MARRIAGES REPORTED BY MINISTER. It shall be the 
duty of every person legally authorized to perform the marriage cere- 
mony, who shall at any time perform the marriage ceremony to im- 
mediately report each such marriage to the registrar of the district in 
which such marriage takes place, and state to him the full names, the 
age, the residence, the nationality and the full name of each of the 
parents of each of the parties to such marriage. (R L. Sec. 1164.) 

Sec. 255. BY PERSON GRANTING LICENSE. It shall be the duty 
of every person legally authorized to grant licenses to marry, to im- 
mediately upon the issuing of any marriage license, report to the regis- 
trar of the district in which such marriage license is issued, the age, 
the residence, the nationality, and the full name of each of the -parents 



Note to Sec. 252. 

See Sees. 85, 86, (R. L. Sees. 1004, 1005 as amended by Act 125, S. L. 
1911), as to duty of reporting 1 infectious diseases. 

Note to Sec. 255. 

For persons authorized to grant marriage licenses, see R. L. Sec. 
2210, as amended by Act 11. S. L. 1905. 

75 



of each of the parties by such license authorized to marry, (it. L. 
Sec. 1165.) 

Sec. 256. REGULATIONS BY BOARD. The board shall have the 
full supervision of the carrying out of this chapter, and shall have 
the right to direct any or all of the registrars or other officers in this 
chapter provided for to keep other records and statistics than those in 
this chapter provided for; and shall also have the right and authority 
to make all rules and regulations which in the discretion of the board 
are necessary for more effectually securing the registration of full and 
accurate information concerning births, deaths and marriages. Such 
rules and regulations shall, after approval by the governor and pub- 
lication, have the force and effect of and shall be law. (R. L. Sec. 
1166.) 

Sec. 257. PENALTY. Any person who shall violate or who shall 
fail to observe or perform any of the requirements of this chapter or 
any requirement of any rule or regulation made and published by the 
board under or by virtue of this chapter, shall, upon conviction of 
such violation or failure, be fined for such violation or failure a sum not 
to exceed fifty dollars. (R. L. Sec. 1167.) 

MEDICINE AND SURGERY. 

Sec. 258. LICENSE. No person shall practice medicine or surgery 
in the Territory of Hawaii either gratuitously or for pay, or shall offer 
to so practice, or shall advertise or announce himself, either publicly 
or privately, as prepared or qualified to so practice, or shall append the 
letters "Dr." to his or her name, with the intent thereby to imply that 
he or she is a practitioner of medicine or surgery, without having a 
valid unrevoked license, obtained from the treasurer of the Territory 
of Hawaii, in form and manner substantially as hereinafter set forth. 
Such license shall only be granted upon the written recommendation 
of the board of health, provided, however, that licenses to practice 



Note to Sec. 258. 

Prior to the enactment of this law both license and certificate from 
board of health were necessary; Su Ping Ying vs. Parke, 4 H. 9. Treasur- 
er cannot revoke licenses issued on recommendation of hoard of health 
upon report of board of medical examiners merely because of defect 
in the mode of appointment of board of medical examiners; Ninomiya vs. 
Treasurer, 15 H. 273. Annual fee to practice is invalid, Terr. vs. Mc. 
Donald, 17 H. 389. Physician as expert, Terr. vs. Watanabe, 16 H. 217. 

76 



osteopathy may be granted to graduates holding diplomas from any 
legally chartered and regularly conducted school or college of osteo- 
pathy, and further provided that a certificate to practice osteopathy has 
first been obtained from any State board of osteopathic examiners until 
such time as there is an osteopathic board of examiners appointed for 
the Territory of Hawaii. And provided further, that the practice 
of medicine as contemplated and set forth in this act shall not be 
construed to exclude the use of any method or means or any agent 
either tangible or intangible by any person licensed to practice osteo- 
pathy, for the treatment of disease in the human subject, provided that 
no person so licensed to practice osteopathy shall, by reason thereof, 
be authorized to administer drugs or medicine, or to perform any surgi- 
cal operation. Any person applying for a license to practice osteopathy 
shall first file with the treasurer a certified copy of such diploma and 
satisfactory evidence that the applicant is a fit and proper person to 
be so licensed to practice osteopathy, and file with the president of 
the board of health a certificate from the board of osteopathy exam- 
iners certifying that the applicant had passed the required examination 
and is entitled to practice osteopathy in that State. And further 
provided, that nothing herein contained shall apply to so-called Chris- 
tian Scientists so long as they merely practice the religious tenets of 
their church without pretending a knowledge of medicine or surgery; 
provided, that the laws and regulations relating to contagious diseases 
are not violated. (R L., Sec. 1068, as amended by Act 48, S. L., 1905, 
and Act 124, S. L. 1909.) 

Sec.259. PRACTICE OF MEDICINE DEFINED. For the purposes 
of this chapter the practice of medicine shall be held to include the 
use of drugs and medicines, water, electricity, hypnotism, or any means 
or method, or any agent, either tangible or intangible, for the treat- 
ment of disease in the human subject; provided, however, that 
nothing herein contained shall be held to forbid any person from the 
practice of any method, or the application of any remedial agent or 



Note to Sec. 259. 

For use of poisonous drugs and opium see Sees. 201-203, (R. L. Sees. 
1399, 1401 and Sec. 1400 as amended by Act 33, S. L. 1905), also Sees. 
204-209, (R. L. 1051-1056). For duties required by law of physicians see 
Sec. 21. (R. L. 999). Sec. 85, (R. L. Sec. 1004, amended by Sec. 1. Act 
125, S. L. 1911): Sec. 136, (Sec. 9, Act 81, S. L. 1909): Sec. 251, (R. L. Sec. 
1161), Sees. 287-289 (R. L. Chap. 91). See Raymond vs. Paia Plantation 
Co., 11 H. 459. 

77 



measure under the direction or with the approval of a licensed physi- 
cian and provided further, that when a duly licensed physician pro- 
nounces a person afflicted with any disease hopeless and beyond re- 
covery and shall give a written certificate to that effect to the person 
afflicted or his or her attendant nothing herein contained shall be held 
or construed to forbid any person from giving or furnishing any 
remedial agent or measure when so requested by or on behalf of such 
afflicted person. The provisions of this act shall not be construed to 
amend or repeal the law respecting leprosy or segregation. (R. L. 
Sec. 1069, as amended by Act 133, S. L. 1909.) 

Sec. 260. BOARD OF MEDICAL EXAMINERS. No person shall be 
recommended by the board of health for a license to practice medicine 
or surgery except upon the written report of a board of medical exam- 
iners, to be appointed and constituted as in this chapter provided, 
setting forth that the applicant named therein has been duly examined 
and found to be possessed of the necessary qualifications. (R. L. Sec. 
1070.) 

Sec. 261. APPOINTMENT, REMOVAL, QUALIFICATIONS. For the 
purpose of carrying out the provisions of this chapter the governor is 
authorized and directed to appoint in the manner prescribed in section 
80 of the Organic Act, a board of medical examiners, whose duty it shall 
be to examine all applicants for license to practice medicine or surgery, 
and to report the result of such examinations to the board of health. 
Such board of medical examiners shall consist of three persons, all of 
whom shall be licensed physicians or surgeons under the laws of this 
Territory. The appointments, unless to fill out unexpired terms, shall 
be for three years, subject, however, to removal by the governor in 
the manner prescribed in section 80 of the Organic Act. The members 
of the board of medical examiners shall serve without pay. (R. L. 
Sec. 1071.) 

Sec. 262. FEE ON APPLICATION. No applicant for a license to 
practice medicine or surgery shall be examined, until he shall have 
paid to the treasurer a fee of ten dollars. (R. L. Sec. 1072.) 

Sec. 263. FORM OF LICENSE.. The form of license to practice 
medicine and surgery shall be substantially as follows: 



78 



Territory of Hawaii, Department of the Treasury. License to 
Practice Medicine and Surgery # 

a native of 

aged years, having been duly 

examined by the board of medical examiners, and having been recom- 
mended by the board of health as possessed of the necessary qualifica- 
tions, is hereby licensed to practice medicine and surgery in the Terri- 
tory of Hawaii. 

This license is granted and accepted on the express condition that 
it may be revoked at any time for professional misconduct, gross care- 
lessness or manifest incapacity; such misconduct, carelessness or in- 
capacity, having been proven to the satisfaction of the board of health, 
and by that body reported to the treasurer. 

Given under my hand and the seal of the department of the treasury 

this day of , A. D 

(Signed) 

Treasurer. 
(R. L. Sec. 1073.) 

Sec. 264. PENALTY. Any person who shall practice medicine or 
surgery in the Territory of Hawaii, or who shall offer or attempt to so 
practice, or shall advertise or announce himself, either publicly or 
privately, as prepared or qualified to so practice, contrary to the pro- 
visions of section 258, (R. L. Sec. 1068), shall be guilty of a misde- 
meanor, and shall be liable on conviction to a fine of not more than 
two hundred and fifty dollars, in the discretion of the court. (R. L. 
Sec. 1074.) 

Sec. 265. REVOCATION OF LICENSE. Licenses to practice medi- 
cine and surgery may be revoked by the treasurer at any time for pro- 
fessional misconduct, gross carelessness or manifest incapacity; such 
misconduct, carelessness or incapacity, having been proven to the satis- 
faction of the board of health, and by that body reported in writing 
to said treasurer. In case any license is revoked for any of the causes 
named in this section, the holder thereof shall be immediately notified 
of such revocation in writing by the treasurer. (R. L. Sec. 1075.) 

Sec. 266. NOTICE, HEARING. In case of an alleged misconduct, 



Note to Sec. 264. 

Evidence held sufficient to warrant conviction; King vs. Waahia, 
3 H. 391. 

79 



carelessness or incapacity on the part of any holder of a license to 
practice medicine or surgery, the person so charged shall be notified in 
writing of the charge or charges that have been made, and of the time 
and place when and where evidence in support of the same will 
be heard, and shall have the opportunity to present evidence and be 
heard in his own defense. (R. L. Sec. 1076.) 

Sec. 267. SORCERY, ETC. PENALTY. Any person who shall at- 
tempt the cure of another by practice of sorcery, witchcraft, anaana, 
hoopiopio, hoounauna, hoomanamana, or other superstitious or deceit- 
ful methods, shall, upon conviction thereof, be fined in a sum not less 
than one hundred dollars, nor more than two hundred dollars, or be 
imprisoned not to exceed six months. (R. L., Sec. 1077, as amended by 
Act 33, S. L. 1905.) 

Sec. 268. PHYSICIANS, EXECUTION EXEMPT. The following de- 
scribed personal property shall be exempt from attachment, execution, 
distress and forced sale of every nature and description: 

Two horses and harness, one vehicle or one automobile or motocycle, 
used by a physician, or surgeon, in the practice of his business or 
profession. (R. L. Sec. 1831, Par. 4, as amended by Sec. 1, Act 39, 
S. L. l&ll. v > 

Sec. 269 # PHYSICIANS, SURGEONS— PRIVILEGED COMMUNICA- 
TIONS TO. No physician or surgeon shall, without the consent of his 
patient divulge in any civil suit, action or proceeding, (unless the 
sanity of the patient be the matter in dispute) any information which 
he may have acquired in attending the patient and which was neces- 
sary to enable him to prescribe or act for the patient. (R. L. Sec. 
1953.) 

DENTISTRY. 

Sec. 270. DENTISTS DEFINED. All persons shall be held to be 
practicing dentistry within the meaning of this chapter who shall 
charge a fee or salary or other reward, to be paid either to him or to 

Note to Sec. 267. 

On anaana, see R. L. Sec. 3195, disorderly persons and vagrants. 
Note to Sec. 269. 

See King-ham vs. Rapid Transit Co., 17 H. 557. 
Note to Sec. 270. 

Licensed dentists may compound their own prescriptions, see Sec. 287, 
see Sec. 287, (R. L. 1095). 

80 



some other person, for operations or parts of operations of any kind 
in the treatment of diseases or lesions of the human teeth or jaws, 
or extracting teeth, or in the correction of malformation thereof; 
PROVIDED, that nothing in this chapter shall apply to regularly 
licensed physicians or surgeons in extracting teeth or performing- 
surgical operations. (R. L, Sec. 1078.) 

Sec. 271. WHO LICENSED TO PRACTICE. The following per- 
sons shall be deemed licensed to practice dentistry in this Territory: 

1. Those on April 25, 1903, duly licensed and registered as den- 
tists, pursuant to the laws of the Territory of Hawaii, and 

2. Those duly licensed and registered as dentists, pursuant to 
the provisions of this chapter. (R. L. Sec. 1079.) 

Sec. 272. BOARD OF EXAMINERS. APPOINTMENT, TENURE. 

There shall be appointed a board of dental examiners which shall 
consist of three practicing dentists, who shall have been engaged in 
the continuous practice of dentistry in the Territory of Hawaii for 
a period of three years preceding their several appointments. The 
members of such board shall be appointed by the governor in the 
manner prescribed in section 80 of the Organic Act. The term for 
which the members of said board shall hold office shall be three 
years. (R. L. Sec. 1080.) 

Sec. 273. OFFICERS, MEETINGS, QUORUM. The board shall, 
at its first meeting, elect one of its members president, and one 
secretary and treasurer thereof, and the board shall meet in July 
of each year, and at such other times as shall be necessary, due 
notice of the times and places of which meetings shall be given by 
publication in some newspapers of general circulation in the Terri- 
tory. A majority of the board shall constitute a quorum. (R. L. 
Sec. 1081.) 

Sec. 274. EXPENSES. All expenses of the board shall be paid 
from the fees received by the board under the provisions of this 
chapter, and no salary or other expenses shall be paid out of the 
treasury of the Territory, and all moneys received by the board 
shall be held by the treasurer thereof as a special fund for meeting 
the expenses of the board. (R. L. Sec. 1082.) 

Sec. 275. REPORT. The secretary of the board shall make a 
report of its proceedings to the governor of the Territory, with an 
account of all moneys received and expended by the board, on or 

81 



before the fifteenth day of January of each year. (R. L., Sec. 1083.) 
Sec. 276. LICENSES. ISSUED ON EXAMINATION, WHEN; 
FEE. Any person twenty-one years of age and of good moral char- 
acter, who has graduated at, and holds a diploma from a reputable 
college, and who desires to practice dentistry in this Territory, shall 
file his or her application with, and pay to the secretary of the 
board a fee of twenty dollars which in no case shall be refunded, 
and present himself or herself for examination at the first meeting 
of the board after such application, and upon passing an examina- 
tion satisfactorily to the board, his or her name, age, nationality, 
location and number of years of practice shall be entered in a book 
kept for that purpose, and a certificate of license to practice shall 
be issued to such person. (R. L. Sec. 1084.) 

Sec. 277. WITHOUT EXAMINATION, WHEN; FEE. Every per- 
son engaged in the practice of dentistry, or dental surgery, within 
the Territory on April 25, 1903, shall cause his or her name, resi- 
dence and place of business to be registered with said board, and 
pay a fee of one dollar, upon the payment of which the board shall 
issue to such person a certificate of license, duly signed and sealed. 
(R. L. Sec. 1085.) 

Sec. 278. CERTIFICATE, EVIDENCE. All certificates of license 
issued by the board shall be signed by each member thereof, sealed 
and attested by the secretary, and shall be presumptive evidence of 
the right of the holder to practice dentistry in this Territory; and 
no person, association, or company, whether incorporated or not, 
shall practice dentistry within this Territory without first having 
procured such a certificate, except as hereinbefore provided. Any 
person, association or company practicing dentistry within this Ter- 
ritory and not having at the time a valid and uncanceled license 
shall be guilty of a failure to comply with the provisions of this 
chapter, and upon conviction thereof, shall be punished as hereafter 
in this chapter provided. (R. L. Sec. 1086.) 

Sec. 279 . NAMES, ETC., TO BE DISPLAYED. Every association 
or company of persons, whether incorporated or not, engaged in the 
practice of dentistry under the name of company, association or other 
title, shall cause to be displayed and kept in a conspicuous place at 
the entrance to its place of business the names of each and every 
person employed by said association in the practice of dentistry; 

82 



and every person so employed by any association or company shall 
cause his or her name to be so displayed. Any person employed by 
such company or association whose name shall not be displayed as 
above provided shall be guilty of a failure to comply with the 
provisions of this chapter, and, upon conviction thereof, shall be 
punished as hereafter in this chapter provided; and the company or 
association, if incorporated, or the persons comprising the same, if not 
incorporated, shall, for failure to display the aforesaid names, be 
guilty of a failure to comply with the provisions of this chapter, and 
upon conviction thereof, shall be punished as hereafter in this chapter 
provided. (R. L. Sec. 1087.) 

Sec. 280. DUTY TO FURNISH NAMES, ETC. It shall be the 
duty of every person, company or association practicing dentistry in 
this Territory, upon demand in writing by the secretary of the board, 
to furnish within fifteen days after such demand, to the board, 
through its secretary, a true statement of the name and address of 
each and every person practicing dentistry or assisting in the prac- 
tice thereof, in the office of said person, company or association, 
together with a statement showing under what license or authority 
the said person, company or association is practicing; and any per- 
son, company or association failing so to do, or making any false 
statement concerning or touching anything covered by this section 
shall be guilty of a failure to comply with the provisions of this 
chapter, and upon conviction thereof, shall be punished as hereafter 
in this chapter provided. (R. L. Sec. 1088.) 

Sec. 281. LICENSE CANCELED WHEN. If any dentist shall be 
guilty of gross negligence, indecent conduct towards patients or any 
such professional misbehavior as shows unfitness on the part of the 
dentist to practice, he or she shall be guilty of a misdemeanor and 
upon presentation to the board by three or more persons of such 
facts, certified, the license of such dentist shall be canceled and 
such fact shall be noted on the record of license. Any person whose 
license shall be so canceled shall be deemed an unlicensed person 
within the meaning of this chapter. (R. L. Sc. 1089.) 

Sec. 282. USING ASSUMED DEGREES PROHIBITED. Nothing in 
the provisions of this chapter shall be construed to permit the per- 
formance of dental operations by an unlicensed person under cover 

83 



of the name of a registered and licensed practitioner, and no person 
shall practice dentistry under an assumed name, title or degree. 
Any person practicing dentistry under a false or assumed name, or 
who shall assume the degree of "Doctor of Dental Surgery" or "Doc- 
tor of Dental Medicine" or shall append the letters "D. D. S.," or 
"D. M. D.," to his or her name, the same not having been duly con- 
ferred on him or her by some college or school legally empowered 
to confer the same; or shall assume any title or append any letters 
to his or her name with intent to represent falsely that he or she 
has received a dental degree or license, shall be guilty of a failure 
to comply with the provisions of this chapter and, upon conviction 
thereof, shall be punished as hereafter in this chapter provided. 
(R. L. Sec. 1090.) 

Sec. 283. PRACTICING FOR ADVERTISING PURPOSES, PEN- 
ALTY. Any person who shall extract teeth or perform any other 
operation pertaining to dentistry for the purpose of advertising, ex- 
hibiting or selling any medicine, instrument or business of any de- 
scription, whether the extraction or operation be for pay or not, shall 
be guilty of a misdemeanor, and, upon conviction thereof in any court 
of the Territory, shall be fined in a sum not more than two hundred 
dollars. (R. L. Sec. 1091.) 

Sec. 284. CONVICTION FOR FELONY, EFFECT. Upon presen- 
tation to the board of a certified copy of a court of record showing 
that a practitioner of dentistry has been convicted of a felony, that 
fact shall be noted on the record of licenses, and shall be marked 
"canceled." Any person whose license shall be so canceled shall be 
deemed an unlicensed person, and as such shall be subject to the 
penalties prescribed for other unlicensed persons who practice den- 
tistry in this Territory. (R L., Sec. 1092.) 

Sec. 285. VIOLATING PROVISIONS; PENALTY. Any person, 
company or association who shall fail to comply with each and every 
provision of this chapter, penalty for the violation of which is not 
otherwise provided, shall be guilty of a misdemeanor, and, upon 
conviction thereof, shall be punished by a fine of not more than five 
hundred dollars. (R. L. Sec. 1093.) 

Sec. 286. PROSECUTING OFFICERS, DUTY. It shall be the duty 
of the several prosecuting officers of the Territory to institute, on 

84 



notice from any member of the board, prosecutions for offenses under 
this chapter. (R. L., Sec. 1094.) 

PHARMACY. 

Sec. 287. LICENSE REQUIRED. It shall be unlawful for any 
person not licensed as a pharmacist within the meaning of this 
chapter to conduct or manage any pharmacy, drug or chemical store, 
apothecary shop, or other place of business for the retailing, com- 
pounding or dispensing of any drugs, chemicals or poisons, or for 
any person not licensed as a pharmacist or assistant pharmacist within 
the meaning of this chapter to compound, dispense or sell at retail 
any drug, chemical or poison upon the prescription of a physician, 
or otherwise, or to compound physicians' prescriptions, except as an 
aid to or under the immediate supervision of a person licensed as a 
pharmacist under this chapter. And it shall be unlawful for any 
owner or manager of a pharmacy, or drug store, or other place of 
business, to cause or permit any other than a person licensed as a 
pharmacist or assistant pharmacist to compound, dispense or sell, at 
retail, any drug, medicine or poison, except as an aid to or under 
the immediate supervision of a person licensed as a pharmacist or 
assistant pharmacist, or a duly lioensed physician; (PROVIDED 1 , 
that nothing in this section shall be construed to interfere with any 
legally licensed practitioner of medicine or dentistry in the com- 
pounding of his own prescriptions, or to prevent him from supply- 
ing to his patients such medicine as he may deem proper, nor with 
the selling of non-poisonous domestic remedies, nor with the selling 
of patent or proprietary preparations which do not contain poisonous 
ingredients. (R. L. Sec. 1095.) 

Sec. 288. PENALTY. Whoever, not being licensed as a pharma- 
cist, shall conduct or manage any pharmacy, drug or chemical store, 
apothecary shop, or other place of business for the retailing, com- 
pounding or dispensing of drugs, chemicals or poisons, or who, 
being the owner or manager of a pharmacy, drug or chemical store, 
apothecary shop, or other place of business, shall cause or permit 



Note to Sec. 287. 

For poisonous drugs, see note to Sec. 259. Chemist as expert, Terr. 
Hawaii vs. Watanabe, 16 H. 216. 

85 



any one not licensed as a pharmacist or assistant pharmacist to 
compound, dispense or sell at retail any drug, medicine or poison 
except as an aid to or mder the immediate supervision of a duly 
licensed pharmacist, assistant pharmacist or physician contrary to 
section 287 (R. L. Sec. 1095), shall be deemed guilty of a misde- 
meanor, and on conviction thereof shall be fined not more than 
five hundred dollars, or be imprisoned for not more than three 
months; but nothing in this section shall prevent any licensed mer- 
chant from selling proprietary remedies. (R. L. Sec. 1096.) 

Sec. 289. SAME. Whoever, not being licensed as a pharmacist 
or assistant pharmacist, shall compound, dispense or sell at retail 
any drug, chemical or poison, upon any physician's prescription or 
otherwise, or shall compound any physician's prescription except 
as an aid to or under the immediate supervision of a person licensed 
as a pharmacist under this chapter contrary to the provisions of 
section 287 (R. L. Sec. 1095) shall be deemed guilty of a misde- 
meanor, and on conviction thereof shall be fined not more than 
two hundred and fifty dollars or be imprisoned not ;m{ore than 
two months. (R. L. Sec. 1097.) 

Sec. 290. BOARD, APPOINTMENT, REMOVAL. There shall be 
appointed by the governor in the manner provided in section 80 
of the Organic Act, a board of pharmacy, which shall consist of 
three members, namely, one physician and two pharmacists, who 
shall hold office for two years, except in case of appointments made 
to fill out unexpired terms. The members of such board shall be 
subject, however, to removal by the governor, in the manner pro- 
vided in section 80 of the Organic Act, and they shall serve without 
pay. (R. L. Sec. 1098.) 

Sec. 291. MEETINGS. The board shall hold at least two meet- 
ings in each year and such additional meetings as may be necessary 
for the examination of applicants for licenses under this chapter. 
All such meetings shall be held in Honolulu. (R. L. Sec. 1099.) 

Sec. 292. APPLICATION, FEE. Every person who shall desire 
to be licensed as a pharmacist or assistant pharmacist shall file with 
the treasurer of the Territory a written application, fully verified 
by oath, setting forth the name and age of the applicant, the place 

86 



or places at which, and the time spent by the applicant in the study 
of the science and art of pharmacy, and the experience in the com- 
pounding of physicians' prescriptions which the applicant has had 
under the direction of a legally licensed pharmacist. Such appli- 
cant shall also pay to the treasurer a fee of ten dollars at the time 
of filing his application. (It. L. Sec. 1100.) 

Sec. 293. COPY FORWARDED TO BOARD. Upon the receipt of 
such application and fee the treasurer shall forward to the board of 
pharmacy a copy of the application and shall direct the board to 
examine the applicant. (R. L. Sec. 1101.) 

Sec. 294. EXAMINATIONS. The board shall, at the written re- 
quest of the treasurer of the Territory, examine in open meeting 
every applicant for a license as pharmacist or assistant pharmacist 
who shall have made application for such license and paid the fee 
as in this chapter required. (R. L. Sec. 1102.) 

Sec. 295. QUALIFICATIONS OF APPLICANTS. In order to be 
licensed as a pharmacist under this chapter an applicant shall not 
be less than 21 years of age and he shall present to the board satis- 
factory evidence that he is a graduate of a reputable school or col- 
lege of pharmacy or that he has had four years' experience in phar- 
macy and shall also pass a satisfactory examination before the 
board. In order to be licensed as an assistant pharmacist within the 
meaning of this chapter an applicant shall not be less than 18 years 
of age and shall have had not less than two years' experience in 
pharmacy under the instruction of a licensed pharmacist, and shall 
pass a satisfactory examination before the board. PROVIDED, 
however, that in the case of an applicant who has attended school 
or college of pharmacy the actual time of attendance at such school 
or college of pharmacy may be deducted from the time of experience 
required of an assistant pharmacist, but in no case shall less than 
two years' experience be required for registration as a licensed 
pharmacist. PROVIDED, further, that any person who has not less 
than two years' actual experience in compounding drugs, chemicals 
or poisons, or in conducting or managing a pharmacy, drug or 
chemical store, apothecary shop or other place of business for re- 

87 



tailing, compounding or dispensing of drugs, chemicals or poisons in 
this Territory immediately prior to April 28, 1903, shall be entitled 
to apply for and receive a license as a pharmacist upon payment of 
the fee in this chapter provided without examination or recommen- 
dation by the board. (R. L. Sec. 1103, as amended by Act 125, 
S. L. 1909.) 

Sec. 296. FAVORABLE RECOMMENDATION. The board may 
recommend the issuance of licenses to practice as pharmacists or 
assistant pharmacists, without examination, to such persons as have 
been legally registered or licensed as pharmacists or assistant phar- 
macists in any State or Territory, PROVIDED, that the applicant 
shall present satisfactory evidence of the same qualifications as are 
required from licentiates under this chapter, and that he was regis- 
tered or licensed by examination in such State or Territory and 
that the standard of competence required in such State or Territory 
is not lower than that required in this Territory; PROVIDED, also 
that the board is satisfied that the laws of such State or Territory 
accord similar recognition to the licentiates of this Territory. (R. L. 
Sec. 1104.) 

Sec. 297. UNFAVORABLE RECOMMENDATION. The board shall 
refuse to recommend the issuance of a license to any applicant who 
has been convicted of felony, or who is addicted to the use of 
alcoholic liquors or narcotic drugs to such an extent as to render 
him unfit to practice pharmacy or who fails to pass a satisfactory 
examination, or whose license has previously been revoked by the 
treasurer. (R. L, Sec. 1105.) 

Sec. 298. REPORT TO TREASURER. As soon as practicable 
after the examination of any such applicant the board shall report 
in writing to the treasurer giving the result of the examination, and 
stating whether the applicant has complied with the requirements 
set forth in sections 295 and 297, (R. L. Sees. 1103 and 1105), of this 
chapter, together with its recommendation. It shall be the duty of the 
board to recommend the issuance of the license applied for in all 
cases where the applicant has met the requirements of said sections 
(R. L. Sec. 1106.) 

Sec. 299. LICENSE ISSUED WHEN. If the board shall recom- 



mend the issuance of a license to the applicant the treasurer shall 
forthwith issue the same, but except as in this chapter provided, no 
license to practice pharmacy shall be issued except upon such, recom- 
mendation. (R. L. Sec. 1107.) 

Sec. 300. AUTHORITY UNDER. Such license, when issued, shall 
authorize the licensee to practice as a pharmacist or as an assistant 
pharmacist (as the case may be), in any part of the Territory so 
long as the license remains unrevoked. (R. L., Sec. 1108.) 

Sec. 301. REVOCATION. The treasurer may revoke any license 
issued under the provisions of this chapter upon proof to his satis- 
faction of alleged professional misconduct, gross carelessness or 
manifest incapacity on the part of the license; PROVIDED, how- 
ever, that no such license shall be revoked except upon due notice 
to the licensee of the charge against him and an opportunity to be 
heard in defense. The action of the treasurer shall be final and not 
subject to appeal or review. (R. L. Sec. 1109.) 

Sec. 302. LAW AS TO POISONOUS DRUGS NOT AFFECTED 
HEREBY. Nothing in this chapter contained shall be construed to 
repeal or conflict with any law requiring the payment of a license 
fee for the sale of poisonous drugs. (R. L. Sec. 1110.) 

VETERINARY PRACTICE. 

Sec. 303. LICENSE REQUIRED: EXCEPT WHEN. No person 
shall practice veterinary medicine, surgery or dentistry in the Ter- 
ritory of Hawaii, either gratuitously or for pay, or shall offer to so 
practice, or shall advertise or announce himself publicly or privately, 
as prepared or qualified to so practice, without having first obtained 
from the treasurer, under the seal of his department, a license In 
form and style substantially as in this chapter set forth. PRO- 
VIDED, however, that nothing in this act shall be construed to 
prevent the medical, surgical or dental treatment of stock by the 
owners or the regular employees of owners, or by neighbors who do 
not assume to be practitioners of veterinary medicine, surgery or 



Note to Sec. 302. 

For poisonous drugs, see note to Sec. 259. 

89 



dentistry, or by members of the medical profession, in case of emer- 
gency, and PROVIDED, further, that this act shall not apply to 
commissioned veterinary surgeons of the United States Army. (Sec. 
1, Act 71, S. L. 1911.) 

Sec. 304. EXAMINATION REQUIRED. No applicant shall be 
given such a license by the treasurer except upon the written report 
of the board of veterinary examiners, to be appointed and constituted 
as in this act provided, setting forth that the applicant named has 
been duly examined and found to be possessed of the necessary 
qualifications. (Sec. 2, Act 71, S. L. 1911.) 

Sec. 305. BOARD OF VETERINARY EXAMINERS. For the pur- 
pose of carrying out the provisions of this act the governor is author- 
80 of the Organic Act, a board of veterinary examiners, whose duty 
ized and directed to appoint, in the manner prescribed in section 
it shall be to examine all applicants for license to practice veteri- 
nary medicine, surgery and dentistry and to report the result of 
such examination to the Treasurer. Such board of veterinary 
examiners shall consist of three (3) persons, all of whom shall be 
licensed veterinaries under the laws of the Territory. The appoint- 
ments, unless to fill an unexpired term, shall be for three (3) years, 
subject, however, to removal by the governor in the manner pre- 
scribed in section 80 of the Organic Act. The members of the board 
of veterinary examiners shall serve without pay. The treasurer is 
authorized and directed to issue licenses to the members of the 
board of veterinary examiners as first constituted, notwithstanding 
the provisions of this act. (Sec. 3, Act 71, S. L. 1911.) 

Sec. 306. EXAMINATION FEE. No applicant for a license to 
practice veterinary medicine, surgery and dentistry shall be exam- 
ined unless he shall have paid to the treasury a fee of ten dollars 
(JplO.OO). (Sec. 4, Act 71, S. L. 1911.') 

Sec 307. FORM OF LICENSE. The form of license to practice 
veterinary medicine, surgery and dentistry shall be substantially as 
follows : 



Note to Sec. 303. 

Former statute (Act 40. S. L. 1905) on this subject declared uncon- 
stitutional in Territory vs. Pottie, 19 H. 99, on the ground of being ap- 
plicable only to towns and suburbs with a population of over 5000 in- 
habitants. 

90 



TERRITORY OF HAWAII, 
DEPARTMENT OF THE TREASURY. 

LICENSE TO PRACTICE VETERINARY MEDICINE, SURGERY AND 

DENTISTRY. 

a native of 

age years, having been duly examined by the Board of Vet- 
erinary Examiners, and having been recommended by them as pos- 
sessed of the necessary qualifications, is hereby licensed to practice 
veterinary medicine, surgery and dentistry in the Territory of Hawaii. 

This license is granted and accepted on the express condition that 
it may be revoked at any time for professional misconduct, gross 
carelessness or manifest incapacity; such misconduct, gross care 
lessness or manifest incapacity having been proven to the satisfac- 
tion of the Board of Veterinary Examiners and by that body reported 
to the Treasurer. 

Given under my hand and seal of the Department of the Treasury, 
this day of , A. D 



Treasurer. 
(Sec. 5, Act 7.1, S. L., 1911.) 

Sec. 308. PENALTY. Any person who shall practice veterinary 
medicine, surgery or dentistry in the Territory of Hawaii, or who 
shall offer or attempt to so practice, or shall advertise or announce 
himself either publicly or privately as prepared or qualified to so 
practice, contrary to the provisions of section 303 (Sec. 1, Act 71, 
S. L., 1911), shall be guilty of a misdemeanor and shall be liable, on 
conviction, to a fine of not more than two hundred and fifty dollars 
($250.00) in the discretion of the court. (Sec. 6, Act 71, S. L., 1911.) 

Sec. 309. REVOCATION OF LICENSE. Licenses to practice vet- 
erinary medicine, surgery and dentistry may be revoked by the 
treasurer at any time for professional misconduct, gross carelessness 
or manifest incapacity having been proven to the satisfaction of the 
board of veterinary examiners, and by that body reported, in writ- 
ing, to the treasurer. In case any license is revoked for any of the 
causes named in this section, the holder thereof shall be duly notified 
of such revocation, in writing, by the treasurer. (Sec. 7, Act. 71, S. L. 
1911.) 

91 



Sec. 310. HEARINGS OF CASES OF MISCONDUCT, ETC. In case 
of an alleged misconduct, carelessness or incapacity on the part of 
any holder of a license to practice veterinary medicine, surgery and 
dentistry, the person so charged shall be notified, in writing, of the 
charge or charges that have been made and of the time and place 
when and where evidence in support of the same will be heard, and 
shall have the opportunity to present evidence and be heard in his 
own defense. (Sec. 8, Act 71, S. L. 1911.) 

BARBERS. 

Sec. 311. The board of health of the Territory of Hawaii shall 
have within its discretion power to prescribe rules and regulations 
for establishing sanitary conditions under which the business of 
barbers and hairdressers may be carried on. (Act 70, S. L. 1907.) 

Sec. 312. Any person or persons violating any rules or regulations 
authorized by section 311 (Act 70, S. L. 1907), of this act shall, upon 
conviction thereof, be fined not less than ten dollars nor more than 
twenty-five dollars. (Act 70, S. L. 1907.) 

MISCELLANEOUS LAWS. 

Sec. 313. PRESIDENT, TO FURNISH BOND. The president of 
the board of health, before entering upon the duties of his office, shall 
be required to furnish a bond to the secretary of Hawaii in the 
amount required by law, and conditioned for the faithful perform- 
ance of his official duties. There shall be at least two sureties on 
such bond who shall be examined on oath by the governor as to his 
qualification and sufficiency. No bond shall be approved unless each 
of the sureties is a resident and freeholder within the Territory, and 
unless all the sureties thereon (in the aggregate) are worth in real 
property situate in the Territory the amount of such bond over and 
above all sums for which such sureties are liable. Provided, how- 
ever, that a corporation organized for the purpose of becoming surety 
on such bond authorized under the laws of the United States to act 
as surety, and doing business in the Territory under the provisions of 
the laws of the United States and of the Territory may be accepted 
as surety on such bond in lieu of the personal sureties hereinbefore 

92 



required whenever in the opinion of the officer whose duty it is to 
approve such bond the rights of all parties in interest will thereby 
be fully protected. (Act 100, S. L. 1905, as amended by Act 114, 
S. L. 1907, and Act 17, S. L. 1909.) 

Sec. 314. PRESIDENT, ABSENCE OF. The president of the board 
of health may, with the approval of the governor, designate some 
other officer in his department, to act in his temporary absence or 
illness. Such designation shall be in writing and shall be filed in 
the office of the secretary of the Territory. PROVIDED, however, 
that the president shall be responsible and liable on his official bond 
for all acts done or performed by the person designated to act in 
his absence as herein prescribed. (Act 21, S. L. 1909.) 

Sec. 315. BONDS, EMPLOYEES. . The president of the board of 
heath may require bonds from the deputies, clerks, assistants, offi- 
cers and employees, of the board in such amounts as he may deem 
necessary and in the form prescribed by law. (Act 100, S. L., 1905, 
Sec. 6, as amended by Act 114, S. L. 1907, and Act 17, S. L. 1909.) 

Sec. 316. OFFICERS, EMPLOYEES TO BE CITIZENS. All offi- 
cers, deputies, clerks, assistants, interpreters, police, laborers and 
other persons employed in the services of the government of the 
Territory of Hawaii, or in the service of any county or municipal 
sub-division of said Territory, shall be citizens or eligible to become 
citizens of the United States of America; except that in cases where 
it is not reasonably practicable to obtain sufficient citizens competent 
for such service, persons other than citizens may be employed. (Act 
32, S. L. 1909, Sec. 1.) 

Sec. 317. OFFICE HOURS. The several offices of the Territorial 
government shall, except as otherwise directed or permitted by the 
respective chiefs or heads thereof, with the approval of the governor, 
be open for public business on business days from 8:30 o'clock in the 
morning to 4:30 o'clock in the afternoon, excepting on Saturdays, 
when they may close at noon, and all officers and employees of any 
such office shall be therein for the transaction of public business dur- 
ing such hours, excepting when the performance of their official 
duties requires their presence elsewhere or when excused by the 
chief or head of the office; provided, that the one hour at noon for 
luncheon allowed each employee shall be considered as an hour dur- 

93 



ing which actual service is performed. Any officer or employee who 
shall violate any of the foregoing provisions may be dismissed from 
his office or employment by such chief or head or by the governor. 
(Joint Resolution, No. 3, S. L. 1909.) 

Sec. 318. PRISON, SANITATION OF. The high sheriff shall cause 
each prison to be kept in a clean and healthy condition, and the wnole 
interior thereof shall be thoroughly whitewashed with lime once in 
every three months. (R. L. Sec. 1582.) 

Sec. 319. PUBLIC MARKETS, SANITATION OF. It shall be the 
duty of every clerk of a market to cause all dirt and filth which may 
accumulate in said market to be removed daily, and in all other re- 
spects to keep said market in a pure, clean and healthy condition. To 
enable him to do this he shall have the power to prescribe such rules 
and regulations for the observance of those occupying stalls and stands 
in the market as may be necessary to keep the same pure and clean, 
and as the superintendent of public works may approve. (R. L. Sec. 
2680.) 

Sec. 320. CLOSED SEASON AMAAMA: SEIZURE BY INSPEC- 
TOR. Any and all amaama which shall be exposed or offered for sale 
or held in possession with the intent of exposing or offering the same 
for sale, contrary to the provisions of Act. 110, S. L. 1911, shall be 
seized by any officer of the board of health or any public officer, and 
shall be by him forthwith sold, (if fit for food), and the proceeds 
of such sale shall be reported to the district court having 
jurisdiction of such offense, and if said court shall find 
that such seizure and sale was justified under this act, such said pro- 
ceeds shall be adjudged forfeited to the county in which such court 
is located, and shall be paid over to the county treasurer thereof, in 
like manner as fines and costs realized in such district court are now 
authorized to be paid; but if such court shall find such seizure and 
sale to have been unjustified under this act, such proceeds shall be 
paid over to any claimant thereof who shall establish his right thereto 
before such district court. (Act 110, Sec. 3, S. L. 1911.) 



Note to Sec. 318. 

This sec. applies to territorial prisons. County jails are under the 
jurisdiction of county sheriffs. 

Note to Sec. 319. 

This sec. applies to public markets erected under the provisions of 
R. L. Chap. 165 and not to private markets. The chapter is inoperative 
in the absence of a market so erected. 

94 



Sec. 321. CORONER'S INQUEST. As soon as any coroner shall 
have notice of the death of any person within his jurisdiction, sup- 
posed to have come to such death by poisoning, violence, or in any 
suspicious manner, he shall forthwith issue his summons to six good 
and lawful men of the district where such death may have occurred, 
or in which the dead body may have been found or is at the time 
lying, to appear before him at the time and place expressed in the 
warrant, and there to inquire upon the view of the body of the de- 
ceased, when, how, and by what means he came to his death. In all 
cases of sudden death the coroner shall inquire into the cause, and 
in his discretion may cause an inquest to be held even if he is not 
satisfied that there are suspicious circumstances attending the death. 
(R. L. Sec. 2737, as amended by Act 61, S. L. 1907.) 

Sec. 322. DEAD BODIES: BURIAL OF. When any coroner shall 
take an inquest upon the dead body of a stranger, or, being called for 
that purpose, shall not think it necessary on view of such body, that 
any inquest should be taken, he shall cause the body to be decently 
buried. (R. L. Sec. 2474.) 

Sec. 323. EXPENDITURE OF PUBLIC MONEY. No expendituie 
of public money, except for salaries or pay of officers or employees, 
or for permanent settlements, subsidies or other claims or objects 
for which a fixed sum or sums must be paid by law, or for other pur- 
poses which do not admit of competition, where the sum to be ex- 
pended shall be one thousand dollars ($1,000.00) or more, shall be 
made, except under contract let after public advertisement for sealed 
tenders, in the manner provided by law; and no expenditure for public 
purposes shall be so divided or parcelled as to defeat or evade the 
provisions of this section. And provided further, that nothing herein 
shall prevent the board of health, if after publication of a call for 
tenders as herein provided for, it receives no bids from any respon- 
sible bidder or only one bid therefrom, from purchasing at regular 
market prices, meats on the hoof or otherwise, and food stuffs, as miy 
from time to time be required for the Leper Settlement. (Act G2, S. L. 
1909, as amended by Act 47, S. L. 1911.) 

Sec. 324. CONTRACTS, IN WRITING. All such contracts shall be 



Note to See. 321. 

See Act 82, S. L. 1907, coroner shall forward copy of coroner's verdict 
to attorney-general. 

95 



in writing, shall be executed in the name of the Territory, county or 
city and county, as the case may be, by the officer letting the same, 
and shall be made with the lowest responsible bidder after publica- 
tion of a call for tenders, for not less than ten days, in a newspaper 
of general circulation printed and published within said Territory. 
Before any contract is entered into such security for performance as 
shall be satisfactory to the officer letting the contract shall be fur- 
nished by the successful bidder. All bids shall be accompanied by a 
certificate of deposit or certified check, on a bank doing business 
within the Territory of Hawaii, for a sum equal to 5 per cent, of the 
amount bid, payable at sight to the officer advertising for tenders, 
if the bidder to whom the contract is awarded shall fail or neglect 
to enter into the contract and furnish satisfactory security within 
five days after such award or within such further time as such officer 
may allow, such officer shall draw the money due on such certificate of 
deposit or check and pay the same into the treasury as a realization 
of the Territory, county or city and county respectively; if the con- 
tract is entered into and the security furnished within such required 
time such certificate or check shall be returned to the successful bid- 
der; the certificates or checks deposited by unsuccessful bidders shall 
be returned to them after the award of the contract. All bids shall be 
sealed and delivered to the officer advertising therefor and shall be 
opened by him at the hour and place to be stated in the call for 
tenders in the presence of all bidders who attend and may be in- 
spected by any bidder. All bids which do not comply with the re- 
quirements of the call for tenders shall be rejected. When the of- 
ficer advertising for bids believes that the prices bid are too high or 
that the bidders have combined to prevent competition, or that the 
public interest will be subserved thereby, he may reject all bids. (Sec. 
2, Act 62, S. L. 1909.) 

Sec. 325. SAME, AUDITOR'S CERTIFICATE. No such contract 
shall be binding or of any force unless the auditor of the Territory, 
county or city and county, as the case may be, shall endorse thereon 
his certificate that there is an available unexpended appropriation or 
balance of an appropriation over and above all outstanding contracts 
sufficient to cover the amount required by such contract. (Sec. 3, Act 
62, S. L. 1909.) 

Sec. 326. NO WARRANTS FOR SALARY EXCEPT AMOUNT DUE. 

96 



No warrant shall be drawn for any sum on account of any salary or 
pay roll in excess of the amount then due, nor shall any warrant for 
any purpose be drawn except in accordance with the provisions of law. 
(Sec. 4, Act 62, S. L. 1909.) 

Sec. 327. SPECIFIC APPROPRIATION: UNLAWFUL DRAW FROM 
GENERAL. Whenever a specific appropriation is made for a particu- 
uar object, it shall be unlawful to make any expenditure from a gen- 
eral appropriation which would otherwise cover such particular ob- 
ject. (Sec. 5, Act 62, S. L. 1909.) 

Sec. 328. EXPENDITURES FOR EMERGENCIES: LAWFUL WHEN. 

No expenditure shall be made under any general appropriation for 
emergencies except for urgent causes arising when the legislature 
is not in session, or without the approval of the governor. (Sec. 6, Act 
€2, S. L. 1909.) 

Sec. 329. SAME PENALTY. Any public officer who shall falsely 
certify or approve for payment any bill or voucher, or any claim 
against the Territory or any county or city and county, or who shall 
knowingly incur any liability in excess of appropriations made, and 
any auditor who shall violate any provisions of this act, shall be guilty 
of a misdemeanor, and on conviction thereof shall be punished by a 
fine of not more than five hundred dollars, or by imprisonment for 
not more than one year, or by both such fine and imprisonment. (Sec. 
7, Act. 62, S. L. 1909.) 

Sec. 330. INVENTORY OF GOVERNMENT PROPERTY. It shall 
l>e the duty of the president of the board of health in the month of 
July of each year to prepare and file with the tax assessor of the taxa- 
tion division in which such property is situate, a return or inventory, 
sworn to before a person authorized by law to administer oaths, con- 
taining a full, true and corrected list by detailed items of all property, 
of whatsoever nature, (as of July 1, of the year for which such return 
is made) belonging to the Territory of Hawaii and in the possession, 
custody, control or use of the board of health or of any officer, agent 
or employee serving in such department or under the board of health, 
and containing further opposite each item a statement of the full cash 
value of the property therein named according to the best knowledge, 
Information and belief of the officer making such return. (Act 77, 
S. L. 1909.) 

Sec. 331. PENALTY. Any officer, member of a board of public 

97 



character, assessor or other person who shall fail to perform any of 
the duties imposed upon him by this act shall be deemed guilty of a 
misdemeanor and shall be punished by a fine not exceeding five hun- 
dred dollars ($500.00) or by imprisonment for not exceeding six months. 
(Act 77, S. L. 1909.) 

PROSTITUTION. 

Sec. 332. REGISTRY OF COMMON PROSTITUTES. Every com- 
mon prostitute in and around the city of Honolulu shall register with 
the sheriff of the Island of Oahu her name, place of residence, place 
of birth and age. (P. L. 1897, Sec. 856). 

Sec. 333. PENALTY FOR NOT REGISTERING. All females known 
to be common prostitutes, who shall fail to cause themselves to be 
registered according to section 332, (P. L. 1897, Sec. 856), shall on 
complaint and conviction before the police magistrate of Honolulu be 
imprisoned for not less than thirty nor more than sixty days, and be 
subject to the rules of such place of confinement. (P. L. 1897, Sec. 
857). 

Sec. 334. EXAMINATION BY PHYSICIAN. Such females, regis- 
tered as above, shall attend and be examined by a physician to be- 
appointed by the board of health, at least once in every two weeks, at 
some convenient place, of which public notice shall be given, and if 
found deseased, such female shall be treated free of charge for such 
desease, subject to such regulations and restrictions as may be pre- 
scribed by the said physician. (P. L. 1897, Sec. 858). 

Sec. 335. PENALTY FOR NON-ATTENDANCE FOR EXAMINA- 
TION. Any female registered as above who shall not attend for ex- 
amination as above provided, or who shall not obey the prescriptions, 
of the physician, upon information thereof to the sheriff, such female 
may be summarily imprisoned for not less than thirty nor more than 
sixty days: Provided, that nothing herein contained shall imply that 
any female free from disease, so registered, may not at any time for- 
sake prostitution, have her name erased from the registry, and no 



IVote to Sec. 332. 

The preamble is omitted. Quaere whether in this territory this act 
is nullified through the operation of the Edmunds Act. For vagrants, 
prostitutes, etc., see R. L. Sec. 3195; adultery, fornication, poligamy, in- 
cest, sodomy, procuring, prostitution, R. L. Chap. 214. 

98 



longer remain under the provisions of this section. (P. L. 1897, Sec. 
859). 

Sec. 336. COMPENSATION OF EXAMINING PHYSICIAN. The 
physician appointed as above shall be paid such reasonable compen- 
sation as may be determined upon by the board of health, out of the 
funds appropriated from time to time by the legislature to be expended 
under this chapter. (P. L. 1897, Sec. 860). 

Sec. 337. SHERIFF OF OAHU CHARGED WITH EXECUTION OF 
THE LAW. The sheriff of Oahu shall be charged with the execution 
of this law, and shall be further empowered to establish such police 
regulations for the better carrying into effect the object contemplated 
by this law, as he may deem requisite, subject to the approval of the 
governor; and it shall be his duty to render a quarterly report of all 
matters connected with the execution of this law to the governor, and 
biennially through the said governor to the legislature. (P. L. 1897, 
Sec. 861.) 

Sec. 338. ARREST OF FEMALES COMPLAINED OF AS PROSTI- 
TUTES. It shall be lawful for the district magistrates of Honolulu, 
Lahaina and Hilo respectively to cause to be arrested and brought 
before them, any female that may be complained of by the sheriff or 
prefect of police, as being a prostitute, and if it shall appear to the 
satisfaction of the justice that such female is a prostitute and that her 
father, mother or other guardian, reside in any other district than that 
in which such justice has jurisdiction, or that such female has left 
her native district and come to reside within the district where such 
justice has jurisdiction, for the purpose of prostitution, then such 
justice may order such female to return to her parents or guardian, 
if she have any, or to the district from whence she came, within 
forty-eight hours, the justice may punish her by imprisonment at 
hard labor, or solitary confinement, for a period not exceeding thirty 
days upon the first complaint, and upon any subsequent complaint, 
for a period not exceeding sixty days. It shall be the duty of all 
judicial and police officers, school-inspectors and school-teachers, to 
inform the district magistrates of the seaports aforesaid, of any 
females belonging to their respective districts whom they may suspect 
of having resorted to said seaports for the purposes of prostitution, 
that they may be dealt with as hereinbefore provided. (P. L. 1897, 
Sec. 862). 

99 



Sec. 339. RULES AND REGULATIONS. From and after the pas- 
sage of this act, the execution of the law entitled "An Act to Mitigate 
the Evils and Diseases Arising from Prostitution," shall devolve upon 
the board of health. The said board shall have full power and au- 
thority to enforce said law, and to make such rules and regulations, 
from time to time as they shall deem best for the carrying out of the 
provisions of the law. (P. L. 1897, Sec. 863). 

COUNTY AND CITY AND COUNTY POWERS IN HEALTH 

MATTERS. 

Sec. 340. POWER CONFERRED UPON COUNTIES. To make and 
enforce within the limits of the county all necessary ordinances cov- 
ering all local police matters and all matters of sanitation, inspection 
of buildings, condemnation of unsafe structures, plumbing, sewers, 
dairies, milk, fish, cemeteries, burying grounds, interment of the dead 
and morgues and the collection and disposition of rubbish and gar- 
bage; and no ordinance shall be held invalid on the ground that it 
covers any subject or matter embraced within any statute or statutes 
of the Territory, whether such ordinance is in conflict with any such 
statute or statutes or otherwise; to appoint county physicians and 
such sanitary and other inspectors as may be necessary to carry into 
effect ordinances made as aforesaid, who shall have the same power 
as given by law to agents of the board of health, subject only to such 
limitations as may be placed on them by the terms and conditions of 
their appointments; to fix a penalty for the violation of any ordinance, 
which said penalty may be a fine not to exceed five hundred dollars, 
together with costs of court, and to provide that in the event of de- 
fault in the payment of such fine or costs, the offender, shall be im- 
prisoned until such fine or costs shall have been discharged by opera- 
tion of the general law applicable to such cases. (Act 39, Chap. 14, 
Sec. 62, Par. 5, S. L. 1905, as amended by Act 64, S. L. 1907, as 
amended by Act 98, S. L. 1909.) 

Sec. 341. COUNTIES MAINTAIN WATER AND SEWER SYSTEMS: 
HOSPITALS. To establish and maintain water works and sewer 
works; to collect rates for water supplied to consumers, and for the 

Note to Sec. 340. 

See note to Sec. 346. 

100 



use of sewers, and for the placing of signs on bridges as required by 
law. To take over from the Territory existing water works systems, 
including water rights, pipe lines and other appurtenances belonging 
thereto, and sewer systems, and to enlarge, develop and improve the 
same. To build, rebuild, equip, maintain and regulate hospitals, school 
houses, court houses, jails and houses of detention, punishment, con- 
finement and reformation, and to give aid to hospitals. (Act 39, Chap. 
4, Sec. 9, Par. 4A, S. L. 1905, as enacted by Act 100, S. L. 1909.) 

Sec. 342. COUNTIES ACQUIRE SEWERS. Each county shall have 
the following powers: To construct, purchase, take on lease or other- 
wise acquire sewers including reservoirs, wells, pipe lines and other 
conduits for distributing water to the public. (Act 39, Chap. 4, Sec. 9, 
Par. 3, S. L. 1905, as amended by Act 20, S. L. 1907.) 

Sec. 343. POWER CONFERRED UPON THE CITY AND COUNTY 
OF HONOLULU. To make and enforce within the limits of the City 
and County of Honolulu all necessary ordinances covering all local 
police matters and all matters of sanitation, inspection of buildings, 
condemnation of unsafe structures, plumbing, sewers, dairies, milk, fish, 
cemeteries, burying grounds, interment of the dead and morgues and 
the collection and disposition of rubbish and garbage; and no ordi- 
nance shall be held invalid on the ground that it covers any subject 
or matter embraced within any statute or statutes of the Territory, 
whether such ordinance is in conflict with any such statute or statutes 
or otherwise; to appoint city and county physicians and such sanitary 
and other inspectors as may be necessary to carry into effect ordi- 
nances made as aforesaid, who shall have the same power as given 
by law to agents of the board of health, subject only to such limita- 
tions as may be placed on them by the terms and conditions of their 
appointments. (Act 118, Chap. 5, Sec. 23, Par. 1, S. L. 1907, as 
amended by Act 99, S. L. 1909.) 

Sec. 344. REGULATE METHOD OF CONSTRUCTION OF BAKER- 
IES, LAUNDRIES, ETC. To prescribe and regulate the method and 
style of construction of carpenter, machine, blacksmith and other 
workshops, foundries, bakeries and other factories, laundries, poi 
shops, abattoirs, fish-markets and places where noisome trades or 
manufacturers are carried on, hotels, tenements, dodging houses, 
theatres, halls and places of public resort. (Act 79, Sec. 3A, S. L. 
1909.) 

101 



Sec. 345. REGULATE CONDITIONS UNDER WHICH BAKERIES, 
LAUNDRIES, ETC., OPERATE. To prescribe and regulate the places 
where and the conditions under which carpenter, machine, blacksmiths 
and other work shops, foundries, bakeries and other factories, laun- 
dries, poi shops, abattoirs, fish-markets and places where noisome 
trades or manufacturers are carried on, hotels, tenements, lodging 
houses, theatres and halls and places of public resort may be erected, 
maintained, used or operated. (Act. 79, Sec. 3B, S. L. 1909.) 

Sec. 346. TO ENACT ORDINANCES PROTECTING LIFE,HEALTH. 
To enact and enforce all ordinances necessary to protect health, life 
and property, to prevent and summarily remove nuisances and to 
preserve and enforce the good government, order and security of the 
city and county and its inhabitants. (Act 118, Chap. 5, Sec. 23, Par. 

4, S. L. 1907, as amended by Act 79, Sec. 2, S. L. 1909.) 

Sec. 347. ORDINANCE NOT INVALID WHEN. No ordinance shall 
be held invalid on the ground that it covers any subject or matter 
embraced within any statute or statutes of the Territory whether such 
ordinance is in conflict with any such statute or statutes or otherwise. 
(Act 79, Sec. 3, S. L. 1909.) 

Sec. 348. APPLIANCES SPRINKLING CLEANING STREETS. 
Except as otherwise provided in this chapter, to regulate and control 
the location and quality of all appliances necessary to the furnishing 
of water, heat, light, power, telephonic and telegraphic service to the 
city and county; to construct, purchase, lease or otherwise acquire 
buildings for the city and county purposes; to construct, purchase, 
lease or otherwise acquire plants, apparatus and appliances for light- 
ing streets and public buildings, and to manage, regulate and control 
the same, and to acquire, regulate and control any and all appliances 
for flushing the sewers therein. (Act 118, Chap. 5, Sec. 23, Par. 9, 

5. L. 1907, as amended by Act 91, S. L. 1911.) 



Note to Sec. 346. 

In Terr. vs. Muranaka, 19 H. 321, it was held that an ordinance di- 
rected against the erection of a building is invalid. The same decision 
declared, obiter dicta, that if the ordinance had declared that keeping 
a lodging house within a designated area is an offense, the question 
whether erecting it could be made a penal offense would be a different 
question from that presented. Ordinance against spraying clothes from 
the mouth held valid; Terr. vs. Ah Choy, 17 H. 331. 
Note to Sec. 347. 

This section was enacted to remedy the defect brought out in Terr, 
vs. McCandless, 18 H. 616. 

102 



Sec. 349. CITY AND COUNTY MAINTAIN WATER AND SEWER 
SYSTEMS: HOSPITALS. To establish and maintain water works 
and sewer works; to collect rates for water supplied to consumers, 
and for the use of sewers and for the placing of signs on bridges as 
required by law. To take over from the Territory existing water 
works systems, including water rights, pipe lines and other appurte- 
nances belonging thereto, and sewer systems, and to enlarge, develop 
and improve the same. To build, rebuild, equip, maintain and regu- 
late hospitals school houses, court houses, jails and houses of deten- 
tion, punishment, confinement and reformation, and to give aid to 
hospitals. (Act 118, Chap. 5, Sec. 23, Par. 7, S. L. 1907, as amended 
by Act 101, S. L. 1909.) 

Sec. 350. CITY AND COUNTY OFFICERS ENFORCE TERRITO- 
RIAL BOARD OF HEALTH RULES AND REGULATIONS. It shall 
be the duty of all county and city and county health authorities, 
sheriffs and police officers, and all other officers and employees of 
the Territory, and every county or city and county thereof, to enforce 
the rules and regulations of the (Territorial) board of health. (Sec. 
1, Act. 132, S. L. 1911.) 

Sec. 351. POWERS OF COUNTIES AND CITY AND COUNTY CON- 
CURRENT WITH BOARD OF HEALTH. Such powers in health 
matters as have been or may be conferred upon any county or city 
and county, shall be concurrent with those of the (Territorial) board 
of health. (Sec. 1, Act 132, S. L. 1911.) 



103 



INDEX. 

A. 
ABATEMENT OF NUISANCES. SEE NUISANCES. 

ABATTOI R 12, 74, 344, 345 

ACCOUNTS. 

advertisement, tenders 323 

contracts 324, 329 

expenditures, reports of g 

general 5 

leprosy accounts separate 6 

realizations, Kohala Hospital 215 

ADULTERATED FOODS AND DRUGS, 

adulteration defined 170 

commissioner, appointment, bond, duties, powers 171, 172, 175 

complaints, investigation 173 

definitions 168-170 

gross cheat 190-193 

intoxicating liquor 194-200 

label 169, 170 

manufacture and sale of prohibited 167 

milk 186, 187 

misbranding defined 169 

oleomargarine, penalty 188, 189 

opium 201-203 

penalties 177, 191 

poisons 204-209 

report of commissioner 176 

samples . . 174 

AGENTS. 

amaama, seizure by 320 

American citizen, must be 316 

appointment of 2 

barbers, business carried on under inspection of 311, 312 

bond 313, 315 

cemeteries, enforce regulations concerning 77 

certificates of inspection 10, 41, 47, 49, 178, 182 

contagious and infectious diseases, reports 86 

county inspectors, same powers 340, 343 

disinfection tuberculosis premises 114 

duties, general 8 

entry, right of, by 19, 38 

food stuffs, manufacture of, inspection 178 

impersonation of 4 

104 



lepers, concealment of 138 

leprosy, reports 128 

lodging-houses, inspection of 41-45 

milk, inspection 187 

nuisances, examine into 16-19 

office hours 317 

poi manufacture, inspection of 182, 185 

poisons, examining record of 205, 208 

quarantine 88 

responsibility 3 

sanitary condition of buildings, duties concerning .36-38 

service of notice, leprosy cases 129 

slaughter houses, inspection of 74 

steam laundries, laundries, etc., inspection of 46-52 

tuberculosis reports, made to. Ill, 114, 115, 118 

AIR SPACE 36 

AMAAMA, CLOSED SEASON 320 

AMUSEMENT PLACES 344, 345 

ANIMALS, DISEASES OF— 

destruction 66 

forfeiture of animals 70 

importation prohibited when 69 

inspection . 58 

inspectors 63 

jurisdiction board of agriculture 57 

landing domestic animal 65 

master of vessels, duties 67 

penalty 59, 71, 73 

permit entry domestic animal . * 64 

purchase price, recovery of 72 

quarantine 66, 68 

reporting diseased animals 71 

rules and regulations 61 

statistics 60 

veterinarian 62 

violations 59 

ANIMALS, DEAD, LEAVING ON SHORES AND REEFS PRO- 
HIBITED 56 

APPROPRIATION. 

aid to indigent discharged lepers 134 

construction leper hospital, Honolulu 137 

AREAS. TENEMENTS 37 

ASIATIC CHOLERA, DECLARED COMMUNICABLE 85 

105 



ATTORNEY GENERAL. 

advice on points of law (see note) 2 

member of board of health ex-officio 2 

B. 

BAKERIES, REGULATION AND INSPECTION OF 12, 344, 345 

BARBERS. 

penalty 312; 

rules and regulations concerning 311 

BIRTHS. SEE VITAL STATISTICS. 

BIRTH CERTIFICATE 249- 

BLACKSMITH SHOPS, REGULATION OF 344, 345 

BOARD OF HEALTH. 

accounts 5, 6 

agents of 3 

agents appointed by 2 

county powers concurrent with 8 

minutes 7 

members, appointment 1, 2 

organization 2 

physicians appointed by 2 

powers, general provision 8, 9 

report to legislature 6 

secretary, appointed by 6 

BOARD AGRICULTURE AND FORESTRY, JURISDICTION ANI- 
MAL DISEASES 57-7& 

BONDS. 

President to give 313 

employees may be required to give 315 

BURIAL. 

coroner shall cause 322 

regulation 12 

BUTTER 188 

C. 

CATTLE, TENDERS FOR 323 

CEMETERIES. 

cemetery corporation 76 

land conveyance of, to 76 

regulation of 12, 77, 340, 345 

superintendent of public works establish public 75 

106 



CEREBRO-SPINAL MENINGITIS, DECLARED COMMUNICABLE, 85,87 
CERTIFICATE. 

agents as to sanitary conditions. . .10, 41-45, 46-49, 178, 179, 182-185 

birth, death, marriage 249 

leper 129 

CESSPOOL, REGULATION OF 12, 346 

CITY AND COUNTY OF HONOLULU. 

construction and regulation of buildings 344, 345 

general powers 343, 346 

hospitals erected and maintained by board of health 349 

officers enforce regulations 350 

powers concurrent with territorial board of health 351 

sewer works 349 

water works 349 

CITY AND COUNTY TREASURER. 

cancellation licenses 11, 184 

certificate of board required before issue license — 

10, 41-45, 46-48, 49, 178, 179 ,182-185 

licenses issued by id. 

CLOTHES, INFECTED 13 

COMMISSIONS, BOARD OF HEALTH MEMBERS.. 1 

COMMON DRINKING CUP 108 

COMMON CARRIERS. 

railways provide cuspidors 107 

vessels prohibited from carrying lepers 149 

penalty 150 

COMMON NUISANCE 23 

See also Nuisances. 

COMMON PROSTITUTES 332-339 

CONTAGIOUS AND INFECTIOUS DISEASES. 

animals, see animals, diseases of. 

articles infected with, regulation 13 

board of health, territorial, has supervisory powers over 8 

diseases, enumeration of 85 

diseases declared infectious and communicable 87 

entry, vessel allowed when 92 

expense sick persons brought on vessels 90 

leprosy. See General title. 

master of vessels 90 

nuisances, removal of, causing 16 

passengers 93 

penalty 85, 86 

penalty, pilot bringing vessel in 92 

107 



penalty, landing passengers . . . . 93 

pilot . . 91 

prevention of 16 

physicians to report cases of 85, 136 

quarantine 8, 88 

quarantine without removal 89 

removal 88 

regulation, power to regulate 12 

reports of cases of, duty of persons 85, 86, 252 

tuberculosis. See General title, 
vaccination. See General title, 
vessels with, regulation 12 

CONTRACTS .324 

CONJUNCTIVITIS FOLLICULAR, DECLARED COMMUNICABLE— 

85, 87 
CORONERS. 

burials 322 

inquests 321 

COUNTIES. 

general powers 340 

hospitals erected and maintained by 341 

officers enforce board of health regulations 350 

powers concurrent with territorial board of health 351 

sewers 341, 342 

water works 341 

COUNTY TREASURER. 

cancellation licenses 11, 184 

certificate of board required 10, 41-45, 46-48, 49, 178, 179, 182-185 

licenses issued by id. 

CREAM, ADULTERATION OF 170 

CUSPIDORS 105, 107 

D. 
DAIRIES 340, 343 

DENTISTRY. 

advertising purposes, practicing for, prohibited 283 

board of examiners, appointment, tenure 272 

certificate of license 178 

cancellation license 281 

definition, dentistry 270 

degrees, using assumed, prohibited 282 

examination 276, 277 

108 



expenses . 274 

felony, conviction of, effect 284 

license 176 

licensed dentists 271 

meetings board of examiners 273 

names to be furnished and displayed 279, 280 

penalty 285 

prosecutions 286 

report to governor 275 

DEATH CERTIFICATE 249 

DENGUE, DECLARED COMMUNICABLE , 85, 87 

DIPHTHERIA, DECLARED COMMUNICABLE 85, 87 

DISINTERMENT OF HUMAN BODIES. 

penalty 78 

prohibited without authority 78 

DRUGS. SEE PHARMACY, ADULTERATED FOODS AND DRUGS, 
POISONS. 

DYEING OR CLEANING WORKS. 

inspection, certificate of 49 

license 49 

regulation of 49 

E. 
EMPLOYEES. 

American citizen, must be 316 

bonds of 315 

office hours 317 

ENTRY. 

general powers of 19 

lodging and tenement buildings 38 

EPIDEMIC. 

quarantine, power to establish 1 

weekly reports to be published 7 

EXPENDITURE PUBLIC MONEY 323-328 

F. 

FACTOR I ES 344, 345 

FINES AND PENALTIES. 

adulterated foods and drugs 177, 191 

amaama, closed season 320 

barbers 312 

buildings, sanitation of : 39 

109 



concealing lepers 138, 140 

dentistry 285 

diseased animals 59-, 71, 73 

disinterment 78 

food products 179 

gross cheat 192 

liotels 43 

householders, etc., failure to report communicable diseases.. 86 

inventory government property 330, 331 

kokuas 148 

lodging houses 43 

masters of vessels, failure to report communicable diseases. . 86 

medicine and surgery 264, 267 

nuisances ; 22 

oleomargarine 189 

officers of government, failure report lepers 136 

opium 202 

passengers, landing of 93 

pharmacy 288 

physicians, failure to report communicable disease 85 

physicians, failure to report lepers 136 

pilots, bringing vessels into ports '. 92 

poi 185 

poisons 209 

police officer, failure to report lepers 136 

prostitution 333, 335 

regulations 15 

restaurants 43 

tuberculosis, carelessness of person having 116 

tuberculosis, violation of requirements of act 120 

vaccination 102, 104 

Vessels carrying lepers 150 

veterinary practice 308 

vital statistics 257 

FISH, FISHING. 

amaama, closed season 320 

power to regulate 12, 340, 343 

FISH MARKETS, REGULATIONS OF 12, 344, 345 

FOOD 167-193 

FOUNDRIES, REGULATION OF 344,. 345 

FUMIGATION AND DISINFECTION. 

general powers by regulation 12 

infectious diseases -. 85-93 

infected articles • • 13 

tuberculosis 114, 115 

110 



G. 
GARBAGE. 

city and county power to collect and dispose of 343, 346 

county power to collect and dispose of 340 

GOVERNOR. 

members board of health, appointed by 1, 2 

office hours, change of, approved by 317 

president, appointed by 2 

regulations approved by 12 

reports to 8, 235, 275 

steam laundries, Honolulu, issuance license approved by 46 

GROSS CHEAT. 

adulteration of foods 191 

punishment 192 

unwholesome articles of food 190 

H. 

HALLS AND PLACES OF PUBLIC RESORT, regulation of... 344, 345 

HARBORS, DUMPING RUBBISH IN, PROHIBITED 55, 56 

HOSPITALS. 

Chinese hospital, establishment of 210, 211, 212 

North Kohala hospital 215 

quarantine hospital 88 

Queen's hospital 213, 214 

taxation, hospitals exempt from. 216 

HOTELS. 

conditions of license 42 

inspection, certificate of 10, 41 

license not issued when 36, 41 

licensed not required when 45 

penalties 43 

private boarders, no fee 44 

regulation of 12, 344, 345 

I. 

ICE CREAM, STANDARD OF 170 

IMPERSONATING INSPECTOR 4 

INFANTILE PARALYSIS, DECLARED COMMUNICABLE 87 

INFECTIOUS DISEASES. See Contagious and Infectious Diseases. 
INSANITARY BUILDINGS.. See Sanitary Conditions of Buildings. 
INSANITARY LANDS.. See Sanitary Condition of Land. 

Ill 



INSANE PERSONS. 

appeal 225 

chairman board of commissioners 228 

commissioners insanity, appointment, duties 227 

commitment 224, 226 

compensation commissioners 229 

complaint 221 

defendant, insane, commitment 226, 236 

examination 223- 

expense, inmates' property liable for 220 

hearing and commitment 224, 237 

hearings on appeal 230 

insane asylum, Honolulu 217 

inspection of asylum 235 

management insane asylum 218 

oath of office 228 

oaths, power to administer 231 

parole 233 

re-examination 232 

record of hearing filed with Secretary of Territory 234 

register of patients 219 

release 232, 237 

report to governor 235 

warrant 222 

INSPECTOR. See Agents. 

INTERMENT 12, 340, 343 

INTOXICATING LIQUOR, ADULTERATION OF 194, 200 

INVENTORY GOVERNMENT PROPERTY, PENALTY 330, 341 

J. 
JUDGE. 

insanitary lands, appoints appeal board 28 

insane persons, issues warrants and holds hearings 222, 224 

leprosy, appoints third examining physician 129 

nuisances, authorizes entry to abate 19 

K. 
KOKUAS, CONTROL OF 145-148 

L. 

LABEL. See Adulterated Foods and Drugs. 

LAND.. See Sanitary Condition of Land. 

LAUNDRIES, PUBLIC 50 

112 



LAUNDRY. 

inspection, certificate of 49 

license 49 

regulation of 12, 344, 345 

LEPERS. 

aid to persons discharged from settlement 134 

arrest of lepers, when 130 

certificate of examination 127 

concealing lepers, penalty 138 

custody of 130 

discharge of 124, 133 

examination of 127, 129 

expenses, examination 135 

hospitals 124 

hospital on Oahu 126 

kokuas, control of, duties 145-148 

labor by patients 141 

minors 129 

parole 131 

penalties 136, 138, 140, 148, 150 

permits treat lepers 4 125 

persons allowed at settlement 144 

procedure examination, segregation of 129 

reporting cases of 128, 139 

rules and regulations 135, 143, 146 

taxation, lepers exempt from 142 

transfer to settlement 131 

treatment at hospital 127 

vessels authorized to carry 149 

LEPROSY. 

accounts concerning, kept separate 6 

appropriation hospital buildings 137 

declared infectious and communicable disease 85, 87 

government land for hospitals 122 

hospitals, establishment of 124, 126 

Kalawao, county of 161 

land, acquisition of for hospitals 122, 123, 151, 160 

LICENSES NOT ISSUED EXCEPT UPON CERTIFICATE, ETC. 

abattoir 10 

bakery 10 

barbers 311, 312 

city and county permits under Act 97, S. L., 1911 10 

dyeing works 49 

fish market 10 

113 



general provision 10 

hotel 10 

laundry 10 

lodging houses 41-45 

manufacture food stuffs 178, 179 

meat market 10 

noisome and noxious trades 10 

poi 182, 185 

poi shop 10 

stable 10 

slaughter houses 74 

steam laundries 46-48 

tenement 10 

vegetable market 10 

LICENSES, CANCELLATION OF 11, 179, 184 

LIEN, FILLING LOW LANDS 31, 32 

LODGING AND TENEMENT HOUSES. 

air space 36 

closets 37 

conditions of license 42 

entry , 38 

filth .\ , 40 

grounds 38 

inspection, certificate of 10, 41 

license not issued when 36, 41 

penalties 43 

private boarders, no fee 44 

regulation of 12, 344, 345 

repairs 36 

see sanitary condition of buildings 36-40 

M. 

MARRIAGE CERTIFICATE 249 

MANUFACTURE FOOD PRODUCTS. 

license fee 180 

license not issued, when 178 

license required • . • 178 

penalty 179 

MARKETS. 

sanitation of public markets 319 

regulation of 12, 344, 345 

MASTER OF VESSELS. 

contagious and infectious diseases on board 90 

114 



diseased animals on board 67 

vessels allowed to carry lepers 149 

MEASLES, DECLARED COMMUNICABLE 85, 87 

MEDICINE AND SURGERY. 

christian science 258 

communications of physicians, privileged 269 

examination 260 

execution, physicians exempt from 268 

form of license 263 

hearing 266 

license 258 

medical examiners, appointment, removal, qualification. .260, 261 

osteopathy 258 

penalty 264, 267 

practice of medicine, defined 259 

revocation of license 265 

sorcery, etc., penalty i . . . 267 

MEMBERS, BOARD OF HEALTH. 

appointment, tenure 1 

no pay 2 

removal 1 

MILK. 

adulteration of 170, 186 

inspection of 187 

regulation 12, 340, 343 . . 

dairies 340, 343 

MOSQUITOES 12, 16 

N. 

NOISOME TRADES AND MANUFACTURES. 

regulation of places where carried on 12, 344, 345 

NORTH KOHALA HOSPITAL 215 

NUISANCES. 

abatement of 16 

abattoirs , 12, 344, 345 

absent owners 17 

animals 55, 56 

areas and alleys 12 

bakeries 12, 344, 345 

buildings 12, 40, 340, 343-345 

cemeteries , 73, 77, 340, 343 

cesspools 12 

city and county powers respecting 343-346 

115 



closets 37 

common nuisance 23 

conviction of nuisance 22 

county powers respecting 340 

dairies 340, 343 

dead bodies 12 

district magistrate, powers 19 

duck ranches 12 

dyeing works 49 

entering lands, buildings, etc 19, 38 

entry, refusal of 19 

filth 40 

fish markets 12, 344, 345 

garbage 340, 343 

gases, foul and noxious , 16 

general powers concerning 16, 19 

grounds 37 

health, matters injurious to 24 

high sheriff to report 21 

high sheriff to aid entry 19 

hotels 12, 42, 344, 345 

insanitary land 24-35 

interments 12, 340, 343 

jurisdiction courts 19 

land 25-35 

laundries 12, 46, 48, 344, 345 

lodging houses 12, 42, 344, 345 

meat markets ■ 12 

mosquitoes 16 

notice to abate 17, 18 

odors, foul and noxious 16 

penalty 22 

physicians to report 21 

pig ranches 12 

police officers to aid entry 19 

police officers to report 21 

prisoners assist in abatement of 20 

private property 17 

privy 12, 37 

proceedure abatement of 17, 18 

public markets 319 

public property 17 

poi shops 12, 182-185, 344, 345 

recovery expense abatement 17 

regulations concerning 12, 13 

116 



removal 16 

removal at expense of owner 17, 18, 22 

reports of 21 

restaurants 42 

rubbish, dumping of in harbor 55, 56 

slaughter houses 74 

stables 12 

tenement houses 12, 36, 42, 344, 345 

vegetable markets 12 

vessels 16 

violation laws regarding 22, 39 

yard 37 

O. 

OFFICE HOURS 317 

OLEOMARGARINE. 

penalty, sale of as butter IBS 

semblance of butter, penalty 189 

OPIUM. 

board of health, sales by 203 

penalty 202 

sale of 201 

ORDINANCE. 

city and county powers to enact health ordinances 343-351 

county powers to enact health ordinances 340-342, 350, 351 

PARALYSIS INFANTILE, DECLARED COMMUNCABLE 85, 87 

PAROLE. 

insane persons 233 

lepers 131 

PATENT MEDICINES, SALE OF ALLOWED 287 

PERMITS. 

domestic animals entry of 64 

leper settlement, to enter 144 

lepers, treatment of 125 

see Licenses. 

PERTUSSIS, DECLARED COMMUNICABLE 85, 87 

PHARMACY. 

application 292 

board of pharmacy 29fr 

examination 293, 294 

license 287,289, 300 

meetings 291 

patent medicines 287 

117 



penalty 288 

poisonous drugs 302 

qualifications, applicants 295 

recommendation license 296, 297 

report to treasurer 298 

revocation license 301 

PIG AND DUCK RANCHES, REGULATION OF 12 

PILOT. 

ascertain health conditions on vessels 91 

contagious disease on vessels 93 

quarantine ■■ . 92 

PLAGUE, DECLARED COMMUNICABLE 85, 87 

PLUMBING. 

city and county powers as to 343 

county powers as to 340 

POI SHOPS 183 

regulation of 343, 345 

POI, MANUFACTURE OF. 

building for, how constructed 183 

cancellation permit 184 

manufacture prohibited except when 182 

penalty 185 

permit 182 

POISONS. 

label 207 

penalty 209 

prescriptions 208 

record to be kept 205, 206 

sale permitted when 204 

POLICE OFFICERS. 

amaama, seizure of 320 

contagious diseases, duty to report 86 

entry, to assist in effecting 19 

inquests, duties of coroners 321, 322 

Kalawao, county sheriff and police officers 163-166 

leprosy, duty to report cases of 128, 136, 139, 140 

nuisances reported by 21 

prisoners to assist abatement nuisances under direction of . . . . 20 

prostitution 332-339 

rules and regulations of board carried out by 8, 350 

vital statistics, sheriff and deputy sheriff no pay when ap- 
pointed registrars of 240 

PRESCRIPTIONS. See Pharmacy, Medicine and Surgery. 

118 



PRESIDENT, BOARD OF HEALTH. 

absence of 2 

acting president 314 

American citizen 1, 2 

appointment 313, 315 

compensation 2 

office hours, change by 317 

preside at meetings 2 

reports annually to governor 8 

PRISONERS, ASSIST IN ABATEMENT OF NUISANCES 20 

PRIVY, REGULATION OF 12, 340 

PROSTITUTION. 

arrest 338 

board of health 339 

compensation examining physician 336 

examination 334 

penalty 333, 335 

registry 332 

sheriff of Oahu, duties 337 

PUBLIC LAUNDRIES 50 

PUBLICATION OF REGULATIONS 14 

Q. 
QUARANTINE. 

contagious and infectious diseases 88 

federal 9 

general powers 8 

masters of vessels 87, 91-94 

subject to U. S 9 

QUARANTINE HOSPITAL 88 

QUEEN'S HOSPITAL 213, 214 

R. 

RANGE CLOSETS 81 

RECORDS. 

insanity 234 

prescriptions 208 

poisons 205, 206 

proceedings of board of health 7 

prostitution 332 

tuberculosis Ill, 113 

vaccination officers 97 

vital statistics 241, 245 

119 



REFUSE, THROWING IN HARBOR PROHIBITED 55 

REGISTRAR BIRTHS, DEATHS AND MARRIAGES. See Vital Sta- 
tistics. 

REGULATIONS. 

aid, indigent discharged lepers 134 

animals, diseases of 61 

approval by governor 13 

barbers 311 

births, deaths and marriages 256 

cemeteries 77 

county and municipal officers, carry out 8, 350 

food products, manufacture of 178 

general powers 13 

hospitals 210 

infected articles 13 

insane asylum 218 

Kalawao, county of 162 

kokuas 146 

labor by lepers 141 

leper hospital, Oahu 126, 127 

lepers, control of 143 

markets, public 319 

North Kohala hospital 215 

officers carry out 8 

opium, sale of 201 

parole, lepers 131 

prostitutes 339 

publication of 14 

segregation lepers 135 

slaughter houses 74 

steam laundries, laundries 48, 52 

tuberculosis 121 

violation of 15 

vital statistics 256 

REPORTS. 

board dental examiners, to governor 275 

board commissioners of insanity • 235 

epidemics, weekly during prevalence of 7 

food commissioner 176 

leprosy accounts . 6 

president board of health to governor 8 

vaccination officers 97 

RESTAURANTS. 

conditions of license 42 

120 



inspection, certificate of 10, 41 

license not issued when 36, 41 

penalties 43 

regulation of 12, 345 

S. 
SANITARY CONDITION OF BUILDINGS. 

air space 36 

closets 37 

entry by agent 38 

filth 40 

grounds 37 

penalty 39 

repairs 36 

tenements and lodging houses 36 

see Lodging and tenement houses. 

SANITARY CONDITION OF LAND. 

appeal 27 

appropriation revolving fund $250,000.00 35 

board report to superintendent of public works 24 

cost of improvement charged to land 25 

failure to improve 25 

foreclosure, lien 33 

hearing, decision 28 

improvements, plan of 24, 29 

insanitary condition 24 

lien, notice and recording 31, 32 

notice to owners to improve 25 

opinion of board as to condition 24 

procedure in respect to insanitary lands 25-29 

service of notice 26 

superintendent of public works performs work 25, 30 

work unfinished 25 

SCARLET FEVER, DECLARED COMMUNICABLE 85, 87 

SCHOOL CHILDREN, VACCINATION OF 98 

SCHOOL TEACHERS, HAVING TUBERCULOSIS 110 

SECRETARY, BOARD OF HEALTH. 

appointment 2 

minutes .- 7 

SEWERS, HONOLULU. 

acquisition of by counties 341 

application to connect to 79 

changes in use of 83 

delinquent rates 84 

121 



disputes as to rates 80 

entry on premises . 79 

lien 84 

payment of rates when 82 

rates 81 

regulation of 340, 343 

superintendent of public works, duties concerning 79 

SLAUGHTER HOUSES 74 

SMALL POX, DECLARED COMMUNICABLE 85, 87 

STEAM LAUNDRIES, HONOLULU. 

governor, approves issuance license 46 

inspection, certificate of 47 

license 46 

license not issued when 47 

regulation of 48 

SUPERINTENDENT OF PUBLIC WORKS. 

cemeteries 75 

harbors, dumping rubbish in 55, 56 

insanitary lands, duties concerning 25, 30 

public laundries, duties concerning 50 

sewers, duties concering 79 

T. 
TAXATION EXEMPTION. 

hospitals 216 

lepers 142 

TENEMENT HOUSES. See Lodging and Tenement Houses. 

TETANUS, DECLARED COMMUNICABLE 85, 87 

THEATRES 344, 345 

TRACHOMA, DECLARED COMMUNICABLE 85, 87 

TUBERCULOSIS. 

animals, see Animals, diseases of. 

bacteriologist 112 

blanks, furnished by board 118 

board of health, duty of 115, 118 

common drinking cup prohibited 108 

communicable disease 105 

cuspidors 85, 87 

disinfection 114 

disposal of sputum, careless persons 116 

examination sputum free 112 

hospitals report cases Ill 

infectious and contagious 87 

122 



notices, posting required 109 

penalty 116, 120 

physicians to report 85 

physicians, precautions, instructions 117, 118, 118 

poster, placard 115 

premises, disinfection of 114, 115 . . 

public places 105-109 

railways 105-109 

railways provide cuspidors 107 

record, not public 113 

records, protection of 113 

recovery of patient, report of 119 

reguMations * 121 

reports by physicians and others Ill 

school teachers 110 

spitting prohibited 106 

sputum, examination of 112 

treatment, report of by physicians 118 

violation 120 

See general title Contagious and Infectious Diseases. 

TYPHOID, DECLARED COMMUNICABLE 85, 87 

TYPHUS FEVER, DECLARED COMMUNICABLE 85, 87 

U. 

UNITED STATES QUARANTINE LAWS 9 

UNWHOLESOME PROVISIONS 190 

V. 
VACCINATION. 

certificate 100 

children when 98 

examination as to result of 99 

method of vaccination 103 

notice time and place 95 

officers attend every six months 96 

parents, penalty failure vaccinate children 102 

penalty 102, 104 

physicians, vaccination by 102 

postponement when 101 

record report 97 

vaccinating officers 94 

VARICELLA, DECLARED COMMUNICABLE 85, 87 

VARIOLA, DECLARED COMMUNICABLE 85, 87 

123 



^u. 



VARIOLOID, DECLARED COMMUNICABLE 85, 87 

VENTILATION.. See Sanitary Condition of Buildings. 

VETERINARY PRACTICE. 

board of examiners 30P 

examination <ju4 

fee 306 

form of license 307 

hearing 310 

license 303, 307 

penalty 308 

revocation license 309 

VITAL STATISTICS. 

agents granting marriage licenses, duties 255 

births 242 

blanks furnished by board 246 

certified copies 249 

compensation registrars when 240 

deaths 244 

definitions 238 

evidence 249 

filing records 247 

inspection, records open to 248 

marriages 243 

minister, duties 253, 254 

owners of buildings, duties 252 

parents, duties 251 

penalty 257 

physicians, duties 251 

prosecution ., 250 

records kept by registrars 241 

records sent to board 245 

registrar, appointment, duties 239, 250 

regulations 256 

undertaker, duties 253 

W. 
WATER WORKS. 

city and county to acquire and maintain 349 

counties to acquire and maintain 341 

WATER IN WHICH MOSQUITO LARVAE BREED 12, 16 

WORK SHOPS 344, 345 

Y. 

YELLOW FEVER, DECLARED COMMUNICABLE 85, 87 



124 



LIBRARY OF CONGRESS 

021 066 546 8 



